SUDHIR Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This Civil Revision Application No. 269 of 96 is filed against the order dated 19.1.1996 passed by Executing Court. It is an admitted position that the decree has been passed in favour of the applicant by the Civil Judge Senior Division, Pusad. The applicant made an application before the Civil Court for releasing of the decretal amount in his favour. On this application, the Executing Court has passed the order which is ex-facie illegal. The Executing Court cannot go behind the decree, nor can be pass any such comments as has been done in the order. Whether the exhorbitant amount has been awarded or not was for the Executing Court to decide. The observations are absolutely unnecessary and totally uncalled for. It is not known as to on what basis the learned Executing Court has made an observation that the Enquiry in that context is in progress. The Executing Court instead should have desisted from passing such unnecessary remarks. The position as it stands is that there was no stay before the Court. The Executing Court should have straightaway proceeded, in the absence of any stay. Today also, the learned Asistant Government Pleader on behalf of the State is not in a position to state as to whether the said decree has been stayed or not. If there is no stay, the Executing Court has to proceed with the execution and has no further choice. The order of the Executing Court is set aside and the Executing Court is directed to proceed with the order of the Reference Court. Civil Revision Application No. 269 of 1996 is allowed with costs. Application allowed.