“3. An ex parte decree has been passed in the suit filed by the predecessor of petitioners, in which they got impleaded as additional plaintiffs, is the submission of the counsel for petitioners. Per contra, learned counsel appearing for the third respondent would submit that he was not a party in that suit and another suit filed under S.91 of CPC as against the present petitioners is still pending with respect to the disputes, over the obstruction caused in the way claimed by the public as of right. If there is any prohibitory order, whether interim or final passed by the Civil Court in respect of the subject – matter covered by the proceedings under S.133 of the Code, then the Sub Divisional Magistrate has to honour and respect that order. What is conferred under S.133 is a preventive jurisdiction over disputes which are of civil nature, over which the final adjudicating authority is the Civil Court. So much so, the Sub Divisional Magistrate is bound to respect the orders passed by the Civil Court. With respect to the stay of the proceedings canvassed by the petitioners contending that Civil Court is already seized of matter and prohibitory orders are imposed, the learned Sub Divisional Magistrate, after looking to the materials and hearing the parties shall pass appropriate orders expeditiously. Subject to the above direction, the petition is disposed of.”
