Rajesh H. Shukla, J.

1. The present First Appeal is filed by the Appellant - Union of India (Through Chief Secretary, Defence Department, New Delhi) being aggrieved with the judgment and order rendered in Special Civil Suit No. 34 of 1984 by the learned 2nd Additional Civil Judge (SD), at Jamnagar dated 30.12.1995 allowing the suit of the plaintiff partly ordering to hand over to the Respondent/Original Plaintiff the vacant and peaceful possession of the suit land as stated in detail in the judgment.

2. The background of the facts as stated in detail in the Appeal are that the possession of the land of the Respondent/Original Plaintiff was taken over by the Appellant - Union of India for the purpose of construction of the Air Force Station at Jamnagar. It is the contention of the Respondent/Original Plaintiff that the land was taken illegally and therefore the execution proceedings were initiated. The aforesaid First Appeal is preferred by the Appellant - Union of India, where the High Court by order dated 13.12.2002 stayed the judgment of the Civil Court for a period of six months with a direction to the Appellant/Union of India to expedite the acquisition proceedings of the suit land and deposit the amount of Rs. 5 lacs before the trial court. The order passed by the court (Coram: Kshitij R. Vyas and D.H. Waghela, JJ) at the time of admission of the present First Appeal is as follows:

"Heard Mrs. Dawawala for the applicants as well as Mr. M.S. Shah for the opponent.

It is submitted by the learned Counsel for the applicants that the acquisition proceedings are being initiated to acquire the suit land and the same are likely to take some time. Learned Counsel for the opponent, on the other hand, submitted that the suit is of 1984 and the opponent is denied the suit land even though he is held to be the owner of the same. Therefore, the opponent is entitled to get substantial amount by way of compensation from the applicants.

We do find substance in the say of the opponent and also considering the fact that the opponent is denied the land in question, it is now high time that the applicants should expedite the proceedings and see to it that the suit lands are acquired as expeditiously as possible if at all they are interested in acquiring the suit lands. The stalemate cannot be allowed to continue indefinitely.

Thus, considering the facts and circumstances of the case and that the applicants are very much interested in acquiring the suit lands for the national security purpose, we stay the implementation and execution of the award passed in Special Civil Suit No. 34 of 1984 by the trial court dated 30.12.1995 for a period of six months from today on condition that the applicants shall deposit Rs. 5 lacs (Rs. Five lacs only) within a period of six weeks from today before the trial court. The opponent shall be at liberty to withdraw the same subject to the adjustment of the said amount in the acquisition proceedings. The applicants shall, in the meantime, carry out all the formalities of acquisition of land and shall report to this Court about the progress of the same on the next date of hearing. To be listed in the third week of June 2003."

3. Thereafter, as it appears that the land has not been required, and therefore, it has been decided not to acquire the land and the restoration certificate has been issued by the Appellant - Union of India - Defence Estate Officer, Gujarat Circle, Ahmedabad to hand over the peaceful possession of the disputed land to the Respondent, which was sought for the purpose of Air Force Station at Jamnagar. Therefore, now the short issue, which is required to be considered is with regard to the prayer made in Civil Application No. 4369 of 2016 in First Appeal No. 631 of 2002, filed by the Appellant - Union of India for a direction to the Respondent/Original Plaintiff to deposit the amount of Rs. 5 lacs along with interest from the date of withdrawal on the ground that the amount was permitted to b