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Judgment
G.S.N. Tripathi, J.—I have heard learned Counsel for the revisionist at stretch and gone through the record. I find that the order dated 18.8.94 passed by the learned Executive Magistrate II, Allahabad is perfectly valid in law. He has simply asked the parties to maintain status quo. It means that till the matter is decided by the civil court, the parties shall maintain status quo and the attachment order shall continue.
The contention of the learned Counsel is that since the civil court has not granted injunction, his order should evaporate automatically. I do not agree.
As and when there is an apprehension of breach of peace, the Executive Magistrate gets a jurisdiction u/s 145 read with Section 146, Code of Criminal Procedure. If the Civil Court has passed an order of injunction in favour of the opposite party, then, of course, civil court could not have a Jurisdiction.
In the circumstances of the case, I find that the order passed by the learned Executive Magistrate II, Allahabad does not suffer from any illegality.
The revision is, accordingly, dismissed.
It is admitted that the civil court is in seisin of the matter. The civil court is requested to expedite the injunction application and if possible, the suit also, pending between the parties.