IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12448 of 2008 JAG MAHTO & ORS Versus THE STATE OF BIHAR & ORS ----------- 02. 14.05.2010 Petitioner has challenged the order dated 07.06.2000 passed by the Sub-Divisional Judicial Magistrate, Narkatiaganj in Case No. 81M of 1988, whereby possession of the opposite parties have been declared in 145 Cr. P.C. proceeding by the learned Sub- Divisional Judicial Magistrate. The order dated 2.11.2007 passed by the learned Additional District & Sessions Judge F.T.C. II, West Champaran in Criminal Revision No. 130 of 2000 has also been challenged whereby the order of Sub-Divisional Magistrate has been affirmed. It is submitted by learned counsel for the petitioners that initially in first round of litigation the possession of other side was declared under 145 proceeding with regard to land situated at village Thathawa of Khata No. 115 Plot No. 36, 37 and 38 which was challenged by the petitioners before the revisional forum then the matter was remanded back and after that on remand against the possession of other side was declared by the learned magistrate which was upheld in revision hence both orders of second round are impugned 2 in present proceedings. It is further submitted that the title suit is also pending between the parties with regard to the same plot in question which got abated. It has further been submitted that opposite parties are not interested in getting the title suit revived as they are armed with the impugned order. It is further submitted by learned counsel for the petitioners that petitioners, as an alternative has also filed title suit making O.P. as defendant which is still pending. In the circumstances stated above, the application is disposed of with a direction that the question of possession between the parties will be ultimately governed by the result of the title suit filed by the petitioners and the orders passed in 145 Cr.P.C. proceeding as well as the revisional order will not in any prejudice the case of either side. With these observations, the application stands disposed of. Shageer (Dinesh Kumar Singh, J.)