HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P. No. 208 of 2006 PETITIONER ' Samoldas, aged 55 years S/o Late Shri Aashram Caste Satnaml Rio Village Nawapara (Bhondu) TahSIl Lorm1 D§smct Bilaspur (C G ) Versus RESPONDENT Nandram aged about 4O years; S/o Parasram Caste~Satnaml Rio Village Nawapara (Bhondu) Tahstl Lorml Distnct Bl!aspur (C.G.) ‘t 1‘ APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE. :4 ~ e (SB :Hon’ble Mr. T.P.Sharma, J.) Present : Shri Sanjay Agrawal, counsel for the petitioner. ORAL- ORDER (Passed on 04-08-2069) Heard. 2.0 This petition is directed against the order dated 01-04-2006 passed by Additional Sessions Judge, Mungeii District — Biiaspur in Criminal Revision Case No. 23 I2006. 3. Learned counsel for the petitioner submits that after passing the order/by Sub §ivisional Magistrate, civil suit has decreed the suit in favour of the present petitioner. But opposite party is trying to disturb the possession on the basis of order passed by the Sub Divisional Magistrate. 4. From perusal of the order impugned, copy 0t the order of oSub Divisional Magistrate and copy of judgment and decree of Civil Suit No. 84-N2000 dated 10-11-2005 passed by Civil Judge Class - l Mungeli it reveals that after passrng of the order dated 22 10 2005 by the S D M In a proceeding under Sections 145 & Hl/ 146 015 the Cr.P.C., civil Suit has been finally decided between both the patties and suit for declaration and injunction filed on behalf of present respondent Nandram was dismissed after judgment and decree of Civil Suit relating to possession. The present respondent is not entitled for any possession under the garb of previous order of the Sub Divisional Magistrate. After the judgment and decree of the Civil Court, Sub Divisional Magistrate becomes functious officio. 5. u * With the aforesaid observation the petition is stand disposed of. ‘ — ‘ e r we- laws