Criminal Procedure Code 73 (b) if the Magistrate considers the case one of emergency he may at any time attach the subject of dispute pending his decision under this section. (5) Nothing in this section shall preclude any party so required to attend from showing that no such dispute as aforesaid exists or has existed, and in that case the Magistrate shall cancel the order and all further proceedings on it shall be stayed. (6) If the Magistrate decides that one of the parties is then in actual possession of the said subject he shall issue an order declaring that party to be entitled to retain possession of it until evicted from it in due course of law, and forbidding all disturbance of such possession until such eviction. (7) Proceedings under this section shall not abate by reason only of the death of any of the parties thereto. Power to attach subject of dispute 100. If the Magistrate decides that none of the parties is then in actual possession or is unable to satisfy himself as to which of them is then in actual possession of the subject of dispute he may attach it until a competent Civil Court has determined the rights of the parties thereto or the persons entitled to possession of it. Disputes concerning rights over land or water 101. (1) Whenever a First Class Magistrate is satisfied as aforesaid that a dispute likely to cause a breach of the peace exists concerning the right to do or prevent the doing of anything in or upon any land or water situate within the local limits of his jurisdiction he may inquire into the matter and may if it appears to him that the right exists make an order permitting that thing to be done or directing that it shall not be done, as the case may be, until the person objecting to that thing being done or claiming that it may be done obtains the decision of a competent Civil Court adjudging him to be entitled to prevent the doing of or to do that thing as the case may be.

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