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Issues involved: Dispute over possession of property, multiple orders of attachment, interpretation of Sections 145 and 146 of the Criminal Procedure Code.
Issue 1: Dispute over possession of property and multiple orders of attachment The dispute arose between the appellants and respondent over house No. 336 in village Khonda, District Mathura. The Sub Divisional Magistrate passed orders under Section 145 and 146 of the Criminal Procedure Code for attachment of the property. Various revisions and appeals were filed against these orders, leading to confusion and conflicting decisions by the Magistrate and Sessions Judge. The High Court later intervened regarding the withdrawal of attachment, leading to further legal complexities. Issue 2: Interpretation of Sections 145 and 146 of the Criminal Procedure Code The High Court's interpretation of Sections 145 and 146 was questioned in the appeal. Section 146 grants the Magistrate power to attach the subject of dispute until a competent court determines the rights of the parties. The provision allows for withdrawal of attachment if there is no likelihood of breach of peace. The High Court's view that the property should remain attached until final determination by a competent court was deemed incorrect. The Magistrate's withdrawal of attachment was found to be in accordance with the law, especially when a civil court had already issued an interim injunction in favor of the appellants. In conclusion, the Supreme Court allowed the appeal, setting aside the High Court's order. It was emphasized that the appellants should amend their suit to include a declaration of title to the property in question.
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