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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