ISHWARDAS LIMJE Vs. DATTU DIGARSE

JUDGEMENT

(1.) The petitioner has filed the instant petition under Article 227 of the Constitution, challenging order dtd. 25/4/2016 and 22/12/2016, passed by the Executing Court in Execution Case No.200118/1991.

(2.) The case of the petitioner-judgment debtor is that the respondent-decree holder had filed a suit for specific performance for the land in dispute. On 30/9/1996, the Civil Suit was decreed in favour of the respondent-decree holder. On 5/12/1998, the First Appeal preferred by the petitioner-judgment debtor against the judgment and decree passed by the trial Court, was dismissed. On 24/4/2013, Second appeal No.316/1999, was also dismissed by this Court and, therefore, the judgment and decree passed by the trial Court attained finality. The decree was put to execution by the respondent-decree holder for getting the sale deed executed. The respondent-decree holder filed an application under Sec. 146 read with Sec. 153 of the Code of Civil Procedure, wherein, it was stated that the land in question has been acquired by the State Government and, therefore, the Land Acquisition Officer is a necessary party so that appropriate direction can be given to him to pay the compensation to the respondent-decree holder. The said application was opposed by the petitioner-judgment debtor. It was submitted by the petitioner-judgment debtor that the petitioner-judgment debtor was the owner and from his ownership, on account of the acquisition of the land, the title has vested with the State Government and, therefore, the decree in question has become non-executable as the petitioner-judgment debtor cannot execute the sale deed when the land does not vest with him as on date.

(3.) Vide impugned order dtd. 25/4/2016, the executing Court has noted that the award dtd. 25/11/2014 was pronounced and the respondent-decree holder is entitled for execution of decree dtd. 7/12/1998 and, therefore, the petitioner judgment-debtor was directed to execute the sale deed in favour of the respondent-decree holder. By the said order dtd. 25/4/2016, the Land Acquisition Officer was also directed not to disburse the amount of compensation in favour of the petitioner-judgment debtor. By subsequent order dtd. 22/12/2016, further steps were taken to send the proforma of the proposed sale deed to the Collector of Stamp for proof reading and for calculation of the stamp duty.