Code of Civil Procedure, 1973–Secs. 145 & 146 [Corresponding Secs. 164 & 165 of BNSS, 2023]–SDO disposed of the proceedings and possession of the petitioner was restored–Revisional Court set aside the order–Suit for specific performance is already pending between the parties in which the application of the petitioner under Order 39, Rules 1 & 2 has been dismissed–Any direction u/ss. 145 & 146 compelling delivery of possession to either side would virtually amount to a pre-determination of disputed civil rights, for which the Criminal Court is not competent to undertake–Findings of the Revisional Court deserve to be upheld with the direction to keep the status quo regarding possession over the property in question.
