Mahant Ram Saran Dass vs Harish Mohan and Another

Leave granted

The short question that arises for consideration is whether in the facts and circumstances of the present case, a civil suit for declaration under Section 92 of the Code of Civil Procedure being pending before the competent forum, Civil Court, the respondent was entitled to invoke the jurisdiction of the Magistrate under Section 145 of the Cri. P.C. and the Magistrate was entitled to initiate the proceedings and pass any interim order of appointment of Receiver therein. It is not disputed that in the civil suit itself the Court has passed interim order of injunction and put certain restrictions on the parties with regard to alienation of the property in question. It is true that applicant before the Magistrate, has not been arrayed as party-defendant in the civil suit, but that will not alter the position in any manner since in our view the Civil Court being in session of the matter, any appropriate relief could be obtained from the Civil Court itself and the Magistrate had no jurisdiction in the case in hand to entertain the application under Section 145 and to pass any orders thereon. In the circumstances, the impugned order of the High Court as well as the proceedings initiated before the Magistrate under Section 145 of the Cri. P.C. stand set aside. The appeal is disposed of accordingly. Needless to mention the status quo as on today to be maintained to enable the parties to move the Civil Court for appropriate orders.