Jitendra Goel vs Sewak Ram Pandey
2024 Latest Caselaw 102 Chatt

Chattisgarh High Court

Jitendra Goel vs Sewak Ram Pandey on 21 June, 2024

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                     HIGH COURT OF CHHATTISGARH, BILASPUR

                                          Order Sheet

                                        FA No. 111 of 2024

                          Jitendra Goel Versus Sewak Ram Pandey & others




21.06.2024        Mr. Amrito Das, Advocate for the Appellant.

                  Mr. Akhilesh Kumar, G.A. for the State/Respondent No. 3.

Heard.

Learned counsel for the Appellant would submit that on the basis of

decree obtained by committing fraud for Specific Performance,

respondent No. 2 who is the original seller though had sold the subject

land prior to the appellant, but subsequently by preparing a backdated

sale agreement and on that basis, Specific Performance decree was

granted and the sale deed has been executed.

Now, it is stated that the said subject land since has been acquired

and the compensation has been deposited, respondents No. 1 and 2 are

hand in gloves to withdraw the amount though the entitlement is that of

appellant.

He refers to the judgment dated 01.08.2018 passed by this Court in

MA No. 27 of 2018, wherein this Court has directed for deposit of the

compensation amount of the Land Acquisition Case No. 09(5)/A-82/2014-

15 in a Nationalised Bank. It has been stated that the said amount has

been deposited. Further, it is stated that if the amount is withdrawn, then

the entire filing of the appeal may become infructuous.

Earlier, this Court has already issued the notice to respondents No.

1 & 2. Dasti Service is also permitted apart from the usual mode.

On payment of process fee, the Dasti notice be issued.

List this case in the week commencing 15.07.2024.

In the meanwhile, the amount deposited in the Bank shall not be

allowed to be withdrawn by either of the parties till the next date of

hearing.

                    Sd/-                                           Sd/-
              (Goutam Bhaduri)                               (Rajani Dubey)
                   Judge                                          Judge




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