IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2994 of 2008 RAMESHWAR SINGH & ORS Versus THE STATE OF BIHAR & ANR ----------- 6/ 07.05.2010 Heard learned counsels for the petitioners as well as the Opposite Party. The opposite party was the first party before the Executive Magistrate. On his application a proceeding under Section 145 Cr.P.C. has been initiated. It appears that the learned Executive Magistrate decided the possession in favour of the second party. The first party who is opposite party here had gone into revision before the learned Revisional Court and learned Revisional Court vide its order dated 12.10.2007 had set aside the order dated 29.6.1995 of learned Executive Magistrate by which the possession of the second party was affirmed. I find from the impugned order that the Revisional Court did not record a finding whether the opposite party is in possession or not. In this view of the matter, I remand the matter to the Revisional Court for recording of finding on the aforesaid issue. In the result the order passed by both the courts are kept in abeyance. The matter is remanded to the Revisional Court for fresh consideration in accordance with law. The parties would maintain the status quo as of today. Praful ( Samarendra Pratap Singh, J.)