BRIJ KISHOR TRIVEDI Vs. KANPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Shri. Hari Bans Singh, learned counsel for the petitioner. Shri. Shivam Yadav appears for Kanpur Development Authority.

(2.) The petitioner is before this Court assailing the order dated 17.02.2017 passed by the Addl. District Judge, Court No. 24, Kanpur Nagar in Civil Revision No. 209 of 2015 (Brij Kishor Trivedi v. Kanpur Development Authority) and the order dated 24.07.2015 passed by the Civil Judge (JD), Kanpur Nagar in Execution Case No. 29 of 2004 (Brij Kishor Trivedi v. Kanpur Development Authority); for a direction to the respondent to cancel the lease deed dated 13.01.2004 executed in favour of Rama Educational Society before Sub Registrar, Kanpur Nagar by the respondent of petitioner's Arazi No. 647 part Rakba 15x25 Sq. M. plot No. 8 and for a direction to the respondents to make construction of demolished premises/ house No. 104-A Barsayatpur, Bisayatpur, Kanpur Nagar and to pay the damage compensation.

(3.) The record in question reflects that the order impugned dated 24.07.2015 is moreover consented order and so far as compensation regarding damages is concerned, Rs.1.5 lacs was accepted by the decree holder and while disposing the aforesaid case, the execution court was also of the opinion that in case decree holder files any case against the Rama Educational Society, the Kanpur Development Authority would definitely provide due assistance in the said proceedings. The said order has been assailed in the revision and the same was also rejected vide impugned order dated 17.2.2017 precisely on the ground that the aforesaid order was moreover consented order.