HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3331 OF 2010 Date: 15.04.2010 Between: Gummadavelli Bhaskar and another ……Petitioners And: Gummadavelli Sujatha and 7 others ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3331 OF 2010 ORDER: The petitioners 1 and 2 are the respondents 3 and 5 in D.V.C.No.38 of 2009 on the file of Judicial Magistrate of the First Class, Suryapet. They are questioning order dated 19.10.2009 passed by the lower court in Criminal M.P.No.1601 of 2009 in D.V.C.No.38 of 2009 by which the lower court passed order without notice to the respondents to the effect that the petitioners 1 to 4 are permitted to live in the house of the respondents i.e., in the common shared house of the petitioners and the respondents. It is contended that the petitioners are distantly related to husband of the 1st petitioner in the lower court. Placing reliance of S.R.Batra v. Taruna Batra[1], it is contended by the petitioners’ counsel that the petitioners’ house cannot be said to be a shared household in respect of the disputed parties. It is further contended that the house was purchased by the petitioners under a registered sale deed and that under the guise of interim exparte order passed by the lower court, the respondents herein are trying to dispossess him from possession. Against the impugned order dated 19.10.2009, the petitioners could have filed appeal before the appropriate appellate court, as it is an appealable order or otherwise, the petitioners herein could have taken steps before the lower court itself for vacating the stay order putting forward the above pleas. Instead, the petitioners have rushed to this Court with the present petition under Section 482 Cr.P.C. This Court in a petition of this nature, cannot go into disputed questions of fact relating to ownership of the house in question. It is open to the petitioners herein to approach proper court by way of proper proceedings, subject to period of limitation, if any. In the result, the petition is dismissed subject to observations made above. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:15.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3331 OF 2010 Date: 15.04.2010 Gk. [1] 2007(2)SCJ 3