Dr. G.H. Grant vs State Of Bihar on 30 March, 1965
4. In all the appeals, civil suits to decide the inter se rights
between the parties are pending. Hence, there is no occasion for the
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Executing Court to decide the inter se rights between the parties on the
basis of any third party objections. In a pending suit, a civil court can
pass any interim order, appropriate for the case, for the effective
dispensation of justice. As per judgment of the Supreme Court in
Dr.G.H.Grant vs. State of Bihar, 1966 AIR 237 it has been held that
the jurisdiction of the civil court is co-extensive with the court dealing
with land acquisition. This Court does not find it appropriate to hold
parallel proceedings in the execution petition. Admittedly, the appellants
did not become parties to the proceedings under the Land Acquisition
Act, 1894. Moreover, no reference under Section 30 of the Land
Acquisition Act, 1894 was sought by any of the appellants.