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Judgment
The appellant herein preferred a suit for specific performance of contract before the court below for the following reliefs :
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24.06.2015
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Counsel for the appellant submits that the prayer has been rejected on an application filed by NHAI under Order 7 Rule 11 CPC whereby the suit
has been dismissed on the count of being barred under Section 3d(4) of National Highways Act, 1956.
Counsel for the appellant at the outset submits that he shall not press any relief against NHAI as it has not acquired the entire suit land for which
the present suit has been filed and for acquired land he only claims compensation awarded lawfully.
Counsel for the NHAI submits that it has no objection in continuance of the suit in case the appellant gives categorical undertaking that he shall not
challenge acquisition or any other issue connected with NHAI.
In light of aforesaid submission, impugned order dated 19.09.2019 is quashed and set aside. The appellant shall be at liberty to take up all his issues
in the suit appropriately against all the respondents (except NHAI). It is further made clear that for the land acquired by NHAI, disbursement of
award shall be made subject to final decision taken by the court below, regarding which rights shall remain open to contest between respondents no.1
& 2. The parties are directed to appear before the learned court below on 18.03.2020.
The record of case is directed to be sent back to the court below.