KRISHI UPAJ MANDI SAMITI Vs. KISHORE BALWANT RAO

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and the learned counsel for the respondents.

(2.) THE land was acquired for the purpose of the present applicant-Krishi Upaj Mandi Samiti, Betul, which belonged to the respondents Nos. 1 to 5 in the present case. Against the Award given by the Arbitratory, an application was moved to the Collector Under Section 18 for making reference to the Civil Court. Reference was made to the Civil Court in regard to the determination of the adequacy of the compensation. The Civil Court gave Award on 8-1-19% in Arbitration Reference No. 9/95 registered as MJC No. 9/95 where against First Appeal was preferred in this Court which is pending. In that appeal, as is stated by the learned counsel for the respondents, the prayer for interim relief for staying the operation of the award was refused. Learned counsel thereafter moved an application before the Civil Court purporting it to be Under Section 151, Civil Procedure Code which application was rejected vide order dated 1-11-1996.

(3.) LEARNED counsel for the applicant submitted that the Award cannot be executed as a Decree under the law. He placed reliance on a decision of the Supreme Court in Indore Development Authority v. Tarak Singh, 1995 JLJ 724 to support the proposition that the award cannot be executed as a decree of a civil Court.