RAMESH Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) RULE . Rule made returnable forthwith and heard finally with consent of learned counsel for the parties.

(2.) IN the proceedings of execution of award rendered in Land Acquisition Reference No. 1463 of 1998 dated 15 -01 -1989, the petitioner had moved an application Exhibit -27, on 10 -04 -2014, praying for apportionment and payment of land acquisition compensation along with interest in respect of portion of the land, as claimed to have been acquired under the land acquisition proceedings.

(3.) MR . Deshmukh, learned counsel appearing for petitioner relies on the judgment in the case of Kuber Housing Investment and Finance Private Limited v. TCI Finance Limited and ors. reported in : 2013(6) All MR 342 and submits that the objection of the nature as has been filed by the petitioner should not have been disposed of in summary manner. Executing Court is required to adjudicate upon the title of such objector after taking into account all the requisites. Learned counsel for the petitioner purports to state that claim of this nature cannot be asserted by way of an independent suit but has to be raised in the course of the execution proceedings pursuant to Order XXI, Rule 101 of the Code of Civil Procedure. He further relies on the decision of Supreme Court in the case of Ashan Devi and another v. Phulwasi Devi and others reported in : (2003)12 Supreme Court Cases, 219.