B.K.Rathi, J. - (1.) The compensation was awarded to the opposite party No. 1 in Land Acquisition Reference No. 60/70/94 by order dated 27.7.1999 passed by IVth Additional District Judge, Kanpur Nagar. The revisionist was dissatisfied with the amount awarded and therefore, preferred First Appeal No. 1000 of 1999. It was admitted by the Division Bench of this Court and on the stay application, the following order was passed on 17.11.1999 : "Issue notice. The operation of the award dated 27.7.1999 passed by the IVth Additional District Judge, Kanpur Nagar in L.A.R. No. 60/70 of 1994 shall remain stayed provided the appellant deposit 50% of the decreetal amount within three months. 50% of the amount deposited by the appellant shall be given to the respondent without furnishing any security and the remaining 50% shall be given to the respondents on their furnishing adequate security to the satisfaction of the Tribunal."
(2.) The submission of the revisionist is that the amount was deposited in accordance with this order. However, the opposite party No. 1 filed an application for execution alleging that full amount according to order has not been deposited and the condition of the stay order has not been complied with and therefore, the opposite party No. 2 is entitled to recover the entire amount awarded. Against the same, the revisionist filed objections under Section 47 CPC alleging that he has complied with the order and therefore, the execution proceedings should remain stayed. The objections of the revisionist were rejected by order dated 3.5.2002 by the Executing Court and it has been ordered that the execution shall proceed. Aggrieved by it, the present revision has been preferred.
(3.) I have heard Sri Pankaj Mithal, learned Counsel for the revisionist and Sri L.P. Singh, learned Counsel for the opposite party No. 1.;