1. ' The S.D.M., Mirpur Sakro, District Thatta proceeded under section 145, Cr.P.C. On the report lodged by S.H.O. Gorabari. An order under section 145(1), Cr.P.C. Was also passed. An application under section 561-A, Cr.P.C. Has been filed in this Court. The order was passed by this Court on 18-9-1986.
2. The applicant has moved an application for Contempt of Court on 1-10-1986 alleging therein that the respondents 1 and 2, Mukhtiarkar and Tapedar have violated the order and directions of this Court. The respondents have denied that they committed disrespect to the order of this Court.
3. ' Now the learned counsel for the applicant has referred to the order of this Court dated 28-8-1986 wherein further proceedings in the matter were stayed. The learned counsel for the applicant has stated that he had failed to point out this fact at the time of passing of the order dated 18-9-1986.
4. He further stated that on 23-10-1986 an order was passed by this Court that main application alongwith contempt application would be fixed for regular hearing on 10-11-1986. It appears that order of this Court was not pointed out at the time when this order was passed by the learned Chief Justice. However, the learned counsel for the applicant has reopened the matter and submitted that admitted position is that the applicant was in possession of the disputed land therefore no proceedings under section 145, Cr.P.C. Could be drawn in the matter and if there was apprehension of breach of peace proceedings under section 107/150, Cr.P.C. Could be taken. The learned counsel has referred to the case reported in PLD 1985 SC 240.
5. ' I see no force in the contention of the learned counsel for the applicant. The matter was finally disposed of on 18-9-1986 and it has been specifically observed that the learned Magistrate has rightly drawn the proceedings on the report of the S.H.O. And with the consent of the learned counsel for the parties the,Senior Civil Judge, Thatta was directed to appoint a Receiver to manage the property. This authority is inapt. It is submitted by the learned counsel for the applicant that he has filed a Civil Suit alongwith an injunction application in the Court of Senior Civil Judge, Thatta and notice has been issued to the other side but he has stated that no injunction order has been passed by the Court till now. The parties have filed their written statements in the Court of S.D.M.
6. Who will now proceed with the matter and decide who was in possession of land at the time of passing preliminary order.
7. ' The arguments have not been addressed by the learned counsel for the applicant on the contempt application. Even respondents have denied that they have committed any disrespect to the order of this Court.
8. ' In view of the above, the contempt application is dismissed. .