Shree Chandrashekhar, J. - (1.) A common order dated 29.11.2017 passed in Execution Case Nos.01/2010 and 02/2010 is under challenge in both the writ petitions.
(2.) Contention raised on behalf of the petitioner is that the application dated 28.03.2016 filed by him is one under section 47 CPC and the executing court has powers to decide the rival claims for apportionment of the award. To support this contention, Mr. Ajit Kumar, the learned Senior counsel for the petitioner has relied on decision in Urban Improvement Trust, Jodhpur Vs. Gokul Narain (dead) by Lrs. & Anr., 1996 4 SCC 178.
(3.) Briefly stated, lands in question are comprised under Plot Nos.34, 39 and 41/1 within Khata No.353, total area 1.15 acres in village- Ramgarh. One Manik Chand Choudhary, the common ancestor who had three sons namely, Richpal Choudhary, Kalu Ram Choudhary and Suraj Mal Choudhary, purchased the aforesaid lands in the name of his son- Richpal Choudhary. The petitioner claims that his natural father was Kalu Ram Choudhary, however, he was adopted by Suraj Mal Choudhary. The said Suraj Mal Choudhary had one daughter- Geeta Devi who is respondent no.7; Richpal Choudhary died issueless. The aforesaid lands were acquired vide, L.A. Case No.12/85-86 in which an award was prepared in the name of Kalu Ram Choudhary; compensation was assessed to Rs.1,56,180/-, besides solatium and 12% interest. On an objection raised by Kalu Ram Choudhary on valuation of land two separate references vide, L.R. Case No.06/88 and L.R. Case No.20/90 were instituted under section 18 of the Land Acquisition Act, 1894. During pendency of the reference cases, Kalu Ram Choudhary died and in his place his wife- Mostt. Dhapa was substituted. Finally, the Special Judge-cum-Land Acquisition Case enhanced the value of the land to the extent of Rs.10,000/- per decimal. Still aggrieved, Mostt. Dhapa filed Appeal from Original Order No.51 of 2005, in short F.A. No.51 of 2005, which was dismissed by an order dated 27.03.2014 with a direction to the respondent- State to deposit the total compensation amount, if not deposited, within three months. During pendency of F.A. No.51 of 2005 Mostt. Dhapa died and in her place Gopal Lal Choudhary, Girdhari Lal Choudhary and the present petitioner claiming themselves sons of Mostt. Dhapa filed an application for their substitution which was allowed vide order dated 18.12.2007, but before the appeal was finally disposed of Girdhari Lal Choudhary also died on 29.05.2011; his wife died on 29.06.2011. Vide order dated 30.01.2013, I.A. No.2441 of 2011 for substitution of the legal heirs and successors of Girdhari Lal Choudhary was allowed. After dismissal of the appeal, a demand draft for Rs.1,21,12,968/- dated 12.02.2016 drawn in the name of the petitioner was deposited in the court; in L.R. Case No.20/90 the total award amount with interest has been calculated to Rs.70,08,620/- and in L.R. Case No.06/88, Rs.51,04,348/-. For enforcing the awards prepared in the aforesaid Reference Cases, two execution cases have been initiated.;