D.P.Singh, J. - (1.) Heard counsel for the parties.
(2.) Brief facts for decision of this petition are that the respondent Nos. 2 to 5 constituted a partnership firm and by a registered sale deed dated 23.7.1984 purchased khasra No. 35 from its owner Sri Khacheru in village Agraula, Pargana Loni, District Ghaziabad. Thereafter, they sold certain portion of the said land by carving out plots for residential purposes and the remaining land measuring more than six Bighas was acquired by the State Government. An award was rendered granting compensation at the rate of Rs. 42/- per sq. yard and the respondent Nos. 2 and 3 received half of the compensation in accordance with their share in the property while respondent Nos. 4 and 5 also received their share. However, a reference under Section 18 was lodged by respondent Nos. 4 and 5 through the partnership firm for the entire acquired land of plot No. 35 which was allowed and the compensation was enhanced to Rs. 72/- per sq. yard. Rut, when the decree was prepared it was only for half of the portion on the ground that the reference was only on behalf of respondent Nos. 4 and 5. The respondent Nos. 2 and 3 filed miscellaneous application under Section 152 and 153 CPC before the District Judge for modification of the judgment and order dated 30.5.2001 stating that the reference was for the entire land and was made by the partnership firm and by mistake the decree has been prepared only for half of the land in view of their non-impleadment. After contest the said judgment was modified vide order dated 2.1.2003 and by order dated 21.4.2003 the account of the petitioner for payment of compensation was attached. Both these order s are impugned in the present writ petition.
(3.) Learned counsel for the petitioner has firstly urged that the application under Section 152 and 153 CPC was not maintainable and at best the respondents could have made an application under Section 28-A of the Land Acquisition Act. In support of his contention, he has relied upon a decision of the Apex Court in the case of Union of India and Anr. v. Hansoli Devi and Ors. (2002 (7) SCC 273) He has also relied upon another decision of the Apex Court rendered in the case of Laxmi Ram Bhuyan v. Hari Prasad Bhuyan and Ors. (2003 (5) ALR 137);