SONEPAT IMPROVEMENT TRUST Vs. NARESH CHAND

JUDGEMENT

(1.) THIS Revision Petition has been directed by the Improvement Trust, Sonepat against the order dated 25.09.2002 passed by the Executing Court-cum-Civil Judge (Senior Division), Sonepat whereby an application under Order 21 Rule 29 read with Section 151 CPC moved by the petitioner to drop the execution proceedings on the plea that the subject-award already stands fully satisfied, has been dismissed.

(2.) THE short question that arises for consideration is as to whether or not the petitioner - Sonepat Improvement Trust [in short the petitioner-Trust] is entitled to contend that the principle of law enunciated by Hon'ble the Supreme Court in Prem Nath Kapur v. National Fertilizers Limited, 1996(2) SCC 71, which has been further explained in a later decision in Gurpreet Singh v. Union of India (2006) 8 SCC 457, as well as the decision taken by this Court in HUDA v. Davinder Kaur, 2001(3) PLR 867, are required to be followed by the Executing Court in a case where the acquisition proceedings have already attained finality, though the awards are yet to be fully satisfied?

(3.) THE afore-stated judgment was upheld by a Division Bench of this Court in a Letters Patent Appeal and Special Leave Petition against the same was also dismissed by the Hon'ble Supreme Court on 12.10.1988.