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DR. KARAMAT HUSSAIN versus SHAMS-U-DIN


Section 133 Conditional order to end the dispute over removal of road crossing by Civil Court, Appellant filed an application for proceeding with Deputy Commissioner under Section 133, CRPC Was. All the same matter which was already pending before the Civil Court. The Validatiy Magistrate could process any application under Section 133, CRPC, but, when the competent court or civil court case was underway, the magistrate or any other judicial office holder was. The same cause was barred from entertaining between the parties, when the matter was a subpoena before the civil court, the magistrate was not even able to approve any conditional order.

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