C.R.No.4743 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.4743 of 2003 Date of decision:15.03.2011 Jai Singh ..... Petitioner Versus Chand Ram and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Kulbhushan Sharma, Advocate for the petitioner. None for the respondents. ***** RAJIVE BHALLA, J.(ORAL) The short point that arises for consideration is whether in view of the order dated 03.03.2003, passed by the High Court in C.R.No.4640 of 2002 titled as Chand Ram and another Versus Sarda Ram and others, the Additional District Judge, Faridabad could have ordered payment of 3/4th share of the compensation to respondent no.1 and 1/4th share to the petitioner. I have heard counsel for the petitioner and am satisfied that the order passed by the Additional District Judge, Faridabad, cannot be sustained. While deciding C.R.No.4640 of 2002, the executing court was directed to place half share of the total compensation in a nationalised bank and release the other half to the petitioners i.e. Chand Ram and Jai Singh. The operative part of the order dated 03.03.2003, reads as follows: - “Faced with this situation, the counsel for the C.R.No.4743 of 2003 -2- parties submit that the disputed amount i.e. the half share of the total compensation may be ordered to be deposited in fixed deposit in some nationalized bank. Taking note of the statement of counsel for the parties. The executing court is directed to release the half of the total amount of compensation in favour of the petitioners in accordance with law. The remaining amount be deposited in the shape of fixed deposit in some nationalized bank, which will be paid to the party/parties which may ultimately be found entitled to. With this modification in the impugned order, the revision petition stands disposed of. The trial court is directed to dispose of the suit expeditiously.” The order passed by the Additional District Judge, Faridabad, however, is at variance with the order passed by this court. In this view of the matter, the revision is allowed the order dated 12.06.2003 is set aside and the matter is remitted to the Additional District Judge, Faridabad to pass a fresh order in accordance with directions issued by this court. Parties are directed to appear before the Additional District Judge, Faridabad, on 29.04.2011. 15.03.2011 [ RAJIVE BHALLA ] shamsher JUDGE