M HIGH COURT OF CHHAmSGARH AT BILASPUR PETITIONERS (COMPLAIHANT1 RESPONDENT Cr.M.P. N0. 25/2011 1. 2. VERSUS Smt. Baby Shanna W/o Shri Mahesh Shanna, aged about 31 years Smt. Sujan Sharma W/o Shri Rajendra Shanna, aged about 49 years Bofh R/o Wai-d No. 01 Nahrunagar, Balco, Tahsil & Distt. Korba (C.G.). Chuiuiu Gupta S/o Late Shri Gaurishankar Gupta, aged about 56 years, R/o Ward No. 31 Nahrunagar, Balco, TahsU & Distt. Korba (C.G.). PET!TION UNDER SECTION 482 OF THE CODB OF CRMINAL PROCEDURE, 1973. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri Samir Siagh, Advocate for fhe petitioners. Shri Suresh Kumar Venna, Advocate for the respondent. 2. 3. 4. ORAL- ORDER (Passedon 15/03/2011) By this petition uiider Section 482 of fhe Code of Criminal Procedure, 1973 (ia short 'the Code") petitioners have chaUenged the tegaUly aud propriety of ftie order dated 15/12/2010 passed by Sessions Judge Korba, District Korba (C.G.) in criminal revision No. 23/2010 affirming the order dated 6/4/2010 passed by City Magistrate Korba District Korba (C.G.) in criminal case No. 4/2008 whereby City Magistrate Korba District Korba (C.G.) has declai-ed the possession ofthe respondent under Section 145 offhe Code. Leamed counsel for fhe parties are heard. Order impugned aad record of Courts below perused. As per written statem.eB.t inade by present petitioners house No. 1046 is a disputed property aad they have filed civil suit for recoveiy ofrent agaiast the respondent before the civil Court whicfa is sufficient for drawing the z^- presumption that disputed property house No. 1046 was ia possession of fhe respondent aad not in possession ofpi^sent petitioners while declaring fhe possession of the respondent by Cily Magistrate Korba District Korba (C.G.) or affmning the order of City Magistrate Korba District Korba (C.G.) revel that Court below has not comiiiitted any Ulegality requiring aay interference iu exercise of extraordinary iuherent jurisdiction. Consequently, petition is liable to be dismissed aad is hereby disuussed. However, petitioners are at Uberty to file appropriate civil suit before fhe civit Court for possession. ' Sd/- T. P. Sharma Judge -It