ISLAMPUR MUNICIPAL COUNCIL Vs. MAHADEO ANNA JADHAV

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner-Islampur Municipal Corporation is the judgment debtor in respect of the judgment and decree dated 31.3.2008 passed by the Trial Court. The respondent No.1 is the decree holder. The decree holder had filed a suit for possession of a plot to which he is entitled in view of the illegal acquisition made by the judgment debtor acquiring the portion of the decree holder's property for constructing a road. The Trial Court decreed the suit and directed that compensation for the acquired area to be given to the plaintiff within three months. In the alternative the Trial Court directed that as per the General Body Resolution No.110 dated 19.12.2002 the alternate land from plot Nos.32 and 33 be given to the decree holder. As the decree was not complied with, Darkhast No.146 of 2008 was filed for execution of the decree. The decree holder requested that he may be given possession of that much area of land acquired by judgment debtor from the decree holder in Revision Survey No.6 (Reserved Nos.32 and 33) as per Resolution No.110. During the course of the Darkhast, the judgment debtor has orally submitted that Nagar Parishad has no objection to give the open space shown in map No.2 and 4. Though the judgment debtor was to be given an area from reserved survey Nos.32 and 33, however the plot which was kept reserved for the decree holder was not of the same dimension as the area of land which was acquired from the decree holder.

(3.) In this view of the matter, the Executing Court appointed the Court Commissioner requesting him to visit Revision Survey Nos.32 and 33 and to inform the substitute land available. The report along with map at Exhibit 27 was filed by the Court Commissioner.