Reserved
Court No. - 9
Case :- CIVIL REVISION No. - 158 of 2006 Revisionist :- Defence Estate Officer, Meerut Circle Meerut Opposite Party :- Peetam Singh (Dead) Through L.R.S And Another Counsel for Revisionist :- Subodh Kumar,K.C. Sinha
Hon'ble Anjani Kumar Mishra,J.
Heard Shri Subodh Kumar, counsel for the revisionist.
The instant revision is directed against the order dated 02.01.2006 passed by the Additional District Judge, Court No. 1, Meerut in Execution Case No. 12 of 2005.
The execution case was filed for recovery of the compensation awarded to the opposite party for the acquisition of his land in the year 1963-64 under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952.
The dispute relates to the interest payable on the compensation awarded. It appears that the High Court had directed the judgment debtor to make payment of additional cost of the land at the rate of Rs. 1 per sq. yard.
The objection of the Defence Estate Officer, Meerut, the revisionist, in this regard was repelled by the order impugned, although this objection was raised on the ground of pendency of this issue before the Apex Court.
On the revision being filed, the revisionist, Defence Estate Officer, Meerut had been directed to produce the order passed by the Apex Court. No such order has been perused. On the contrary it is sought to be conveyed that the Apex Court has decided against the revisionist on an identical issue in another case.
Apart from the above, I do not find any illegality in the impugned order because the executing Court in any case, could not have gone behind the decree sought to be executed. It is not the revisionists' case that the order passed by the High Court, which was put to execution, has been modified by a superior court.
Under the circumstances, the revision is devoid of merit. The order impugned suffers from no jurisdictional error warranting interference. It is accordingly dismissed.
Digitally signed by ANJANI KUMAR MISHRA Date: 2018.08.31 13:15:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 31.8.2018 Mayank