BADRI PRAKASH SONI vs PRAHALAD SONI AND ORS.

The Supreme Court held that the Executive Magistrate, under Section 145(2) of the Criminal Procedure Code, was justified in attaching properties and directing parties to resolve their possession dispute in Civil Court, as he could not determine possession. The Court suspended the High Court's order that had criticized the Magistrate's actions, allowing the respondent to utilize the machinery in the disputed property while an appeal was pending. The Court emphasized the need for an Advocate Commissioner to assess the machinery and report to the Senior Sub-Judge, ensuring the factory's operation during the appeal process.