It is submitted by learned counsel for the petitioner that the petitioner had filed declaratory suit No.341 of 2023 in respect of house no. 120/456 Lajpat Nagar, Kanpur Nagar with the prayer that the petitioner may be declared co-owner of the said house alongwith defendant nos. 1 to 3. It is further submitted that the petitioner is still in possession of the house in dispute. Respondent nos. 5 & 6 are alleged purchasers of the house in dispute through registered sale deed executed by Smt. Santosh Shukla who is mother-in-law of the petitioner. The proceeding under Section 145 Cr.P.C. was initiated on the basis of police report. The Special Executive Magistrate/Deputy Commissioner of Police(Central), Commissionerate, Kanpur Nagar passed order of attachment dated 12.6.2023 under Section 146(1) Cr.P.C. The order dated 12.6.2023 was challenged by the petitioner by filing Criminal Revision No.163 of 2023 before the District and Sessions Judge, Kanpur Nagar. Opposite parties had already put in appearance before the revisional court. The criminal revision was admitted on 16.6.2023 but interim order has not been granted in favour of the petitioner. It is further submitted that there is apprehension that the petitioner will be dispossessed forcibly from the house whereas the civil suit is still pending.
