need urgent help sec 145crpc and 151 cpc

You can refer 

Ram Sumer Puri Mahant v State of UP

AIR 1985 SC 472

You can refer 

Ram Sumer Puri Mahant v State of UP

AIR 1985 SC 472

Yes, Mr. Thukral has cited the appropriate ruling.

146-Initiating of proceeding during pendency of civil suit in respect of same property, and injunction order is still in operation restraining respondent from interference- But on the basis of police report stay order was passed to attachment and receiver was appointed- Held contrary to order passed by civil court-Set aside-A.C.C. 2005-Vol-52-All. H.C. 452.

Thanks Mr. Thukral and Mr Arvind.

Mr. Arvint plz provide me full text of judgement. And more...

My problem in that weather a civil court may pass order receiver to return possession to my client u/s 151 of CPC???

Soni Sir,

             I have tried much to search this judgment in net, but failed. It has been published in Allahabd Criminal Cases -2005- Vol-5 on page- 452, As

Bulaki V/S State Of U.P. decided on 14 March 2005.

Your case will not come under sec.144 of CPC. But you can file petition under section 151 CPC, alleging the proceeding of executive magistrate as illegal and seek restoration of possession.

Jamaluddin vs Mirza Quader Baig (Tenant) And Anr. on 25/11/1994   https://indiankanoon.org/doc/856954/

it was held that for restoration of possession to the tenant, who was dispossessed by the landlord from the suit premises forcibly in violation of the orders of interim injunction, there is no necessity of filing a petition under Section 144 of CPC. The Court can restore possession in exercise of its inherent powers under Section 151 of CPC.

So nice of you Mr ramesh but your suggestion does not resolve my problem.

In my case the executive magistrate attached the suit premises under section 145, 146 of Criminal procedure code despite of interim injunction order of Civil court.

I want to know weather Civil court quash the order of executive magistrate and order to restore the possession? Is it covered by inherent power u/s 151 cpc??

May please all the legal dignities help me....

File a writ in HC under Art.  226/227.

Mr. Thukral rightly suggest you. you should file writ for to quashing the 146 order there is a lot of rullings available on this point if civil suit is panding 145 cr.p.c. is not maintaible.

Mr. Ravikant Soni  file a revision against the order of 145 crpc...../

This will solve your problem

The executive Magistrate can passed order  under 145 CrPc even in the face of injunction order passed by the Civil court, if there is apprehension of breach of peace. Thus initiation of proceedings under 145 CrPc the essential requirement is likelihood of breach of Peace, otherwise in the face of status quo order passed by civil or Revenue Court should not be duplicated by the Magistrate in exercise of his power under 145 CrPc. If he does, it should be challenge to quash it.