(1.) THIS Letters Patent Appeal is directed against the order dated 17th April, 2013, made by the learned Single Judge in Civil Suit No. 24 of 2003, whereby Original Miscellaneous Petition No. 198/2012 was disposed of and whereunder the Assistant Commissioner -cum -Land Acquisition Collector (Railway), Una was directed to deposit the compensation amount of the acquired land of the appellant alongwith up -to -date interest before the Registrar General of this Court and the Registrar General was directed to deposit the same in fixed deposit, with a further direction that release of the said amount shall abide by the decision in the civil suit, supra, for short "the impugned order".
(2.) THE Registry had wrongly diarized this appeal as Letters Patent Appeal, is an appeal in terms of Order 43 Rule 1(r) of the Code of Civil Procedure, for short the "CPC". The Registry is directed to diarize the same accordingly.
(3.) THE respondent -plaintiff had filed a suit against the appellant -defendant for recovery of Rs. 36,67,933/ - with interest @ 18% per annum from the date of filing of suit till its recovery, on the basis of the averments contained in the memo of plaint.