1 WP 1548 OF 2007 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1548 OF 2007. Yashwant Gaikwad and anr .. Petitioners -versus Sukhdeo Tulshiram Gaikwad and aors .. Respondents. Mr. P.D. Pise, for the petitioners. Mrs. A. A. Mane, for Respondents CORAM: R.C. CHAVAN, J. DATED: 11th January, 2011 P.C. 1. This writ petition is directed against the order passed by the learned Additional Sessions Judge, Kalyan, dismissing the petitioners' revision against the order passed Special Executive Magistrate, under section 145 of Criminal Procedure Code. The question as to whether the land stands in the name of the petitioners in the revenue record may not have been decisive. The question was as to who was in possession of the properties. It is not permissible in the exercise of writ jurisdiction to go into the disputed question of fact particularly when both the Courts below concurrently concluded that respondent Nos 1 to 3 were in possession of the property in question. The observations of the Special Executive Magistrate, as well as Additional Sessions Judge, 2 WP 1548 OF 2007 would obviously not be conclusive of the facts. It is only the Civil Courts will decide the question without being influenced by the observations in proceedings under Section 145 of Criminal Procedure Code. The writ petition is, therefore, disposed of. (R. C. CHAVAN, J.)