The State Of Bihar v. Narendra Kr. Sinha And ANR.
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.225 of 2009 ====================================================== The State of Bihar .... .... Appellant/s
Versus
Narendra Kr. Sinha & Anr.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. J.P.Kishore For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-08-2016 Learned counsel Mr. Manoj Kumar, A.C. to S.C.12, appearing on behalf of the State-appellant handed over cheque bearing no.677116 dated 15.07.2016 issued in favour of Narendra Kumar Sinha, the respondent in this first appeal, amounting to Rs.4,81,250/- to the learned counsel Mr. Pushpendra Kumar Singh appearing on behalf of respondent no.1.
Learned counsel Mr. Pushpendra Kumar Singh for respondent no.1 submitted that there has already been compromise between the appellant and respondent no.1 with respect to the instant Land Acquisition No.01 of 2003 giving rise to this first appeal and in full satisfaction of the compensation for the lands acquired respondent no.1 is receiving the cheque amounting to Rs.4,81,250/-. He has also submitted that since there has been compromise in full satisfaction, respondent no.1 shall not prosecute the Execution Case No.10 of 2009 pending in the Court
Patna High Court FA No.225 of 2009 (23) dt.08-08-2016 of Subordinate Judge-I, Sitamarhi for executing the award which is under challenge in this first appeal, as the first appeal itself has been compromised between the parties. The learned counsels for both the parties submitted that the execution case shall be withdrawn by respondent no.1 in the court below. In view of the aforesaid submission of the learned counsels for the appellant as well as respondent no.1, the appellant is permitted to withdraw this first appeal and accordingly, this first appeal is dismissed as withdrawn.
(Mungeshwar Sahoo, J) Harish/- U