Description

1. Grounds for Attachment
   The Magistrate may attach the disputed property at any time after making an order under Section 145(1) if:

   • The case is deemed an emergency.
   • The Magistrate decides that none of the parties was in possession as per Section 145.
   • The Magistrate is unable to determine which party was in possession of the disputed subject.

2. Withdrawal of Attachment

   • The Magistrate may withdraw the attachment if he is satisfied that there is no longer a likelihood of a breach of peace over the disputed property.

3. Management of Attached Property

   • If no receiver has been appointed by a civil court, the Magistrate may:
     • Make proper arrangements for managing the property.
     • Appoint a receiver who, under the Magistrate’s control, will have all powers of a receiver under the Code of Civil Procedure, 1908.

4. Handover to Civil Court Receiver

   • If a civil court later appoints a receiver, the Magistrate:
     • Shall order his appointed receiver to hand over possession to the civil court’s receiver.
     • Shall discharge the receiver appointed by him.
     • May issue other incidental or consequential orders as necessary.