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Judgment
M. L. Koul, J.
This case has been called thrice. No body is present on behalf of the respondent.
Heard learned counsel for the petitioners.
It is the case of the petitioners that civil suit is pending between the parties before a competent Court of law wherein Naib Tehsildar has been appointed as a Commissioner as well to report about the position. Once civil proceedings are pending between the parties before a civil Court of law and the same subject matter of dispute is in question, therefore, the provisions of Section 133 Cr.P.C. could not come into play for determining the civil rights of the parties. The learned Additional Sessions Judge has fallen in legal error in sending back the case to the Executive Magistrate for fresh trial and directing him to record the evidence in the matter. Once it is found that the matter is pending before the Civil Court it is the Civil Court alone who can determine the rights of the parties and pass appropriate orders. Hence, the order passed by the learned Additional Sessions Judge is set aside and this revision petition is allowed.