IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.4356 OF 2006. APPLICATION NO.4356 OF 2006. APPLICATION NO.4356 OF 2006. Aanda Pandurang Kapurkar. ..Applicant. versus Dinkar Vithal Jadhav & Ors. ..Respondents. .... Mr. V.S. Tadake, i/b. M.L. Patil, for the Applicant. Mr. Y.S. Shinde, APP, for the Respondent- State. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 1ST AUGUST,2008. : 1ST AUGUST,2008. : 1ST AUGUST,2008. P.C. 1. Herd the learned Advocate appearing for the applicant. The applicant is an Opponent in proceedings under sectin 145 of the Code of Criminal Procedure, 1973 initiated at the instance of the first and the second respondents. The first and the second respondents claimed possession on the basis of a sale deed executed by the one Dynandeo in their favour. On the basis of the material on record, the learned Special Executive Magistrate by order dated 17th February 2004 directed that the opponents in proceedings under section 145 of the said Code should not obstruct the first and the second respondents herein. The said order has been confirmed in revision application filed by the applicant. 2. The submission of the learned counsel for the - 2 - applicant is that there is nothing on record to show that the first and the second respondents were placed in possession on the basis of the sale deed as their predecessor was not the exclusive owner of the property in dispute. He submitted that the in fact the first and the second respondents ought to have filed a civil suit. None appears for the respondent nos.1 and 2. 3. The learned Special Executive Magistrate on the basis of oral and documentary evidence on record found that the first and the second respondents were in possession of the disputed land. It is obvious that the order passed by the learned Special Executive Magistrate is subject to order or decree, which may be passed by a Civil Court in a civil suit. If the first and the second respondents are in possession, the applicant can always obtain an appropriate order or decree for dis-possessing the first and the second respondents and the order passed under section 145 of the said Code will not come in the way of the applicant obtaining appropriate relief from the Civil Court. 4. Subject to what is observed above, no case is made out for intervention and the application is - 3 - rejected. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]