It is not in dispute that there was litigation in respect of

suit property in O.S. No. 8 of 1997. During pendency of this

suit, the suit property was acquired and compensation has

been paid to the notified khatedhar.

2. In other words, compensation was paid to the person

in whose name revenue records stood as on the date of

acquisition. The above suit instituted by the petitioner was a

suit for declaration and the same was dismissed.

3. As against the said dismissal, an appeal was

preferred before this Court in R.F.A. No.1042 of 2000. A

Division Bench of this Court allowed the appeal and passed

the following order:

"ORDER

(1)

The appeal is allowed.

(2)

The judgment and decree of the trial Court is

set aside.

4

(3)

The plaintiffs suit is decreed declaring that

the plaintiffs 1 to 4 are the owners of the suit

schedule property in terms of the partition deed

dated 18.10.1970 which is marked as Ex.P.22.

(4)

Mutation

entries

made

by

revenue

authorities shall stand annulled and the revenue

authorities shall make entries in accordance with

the terms of the decree passed in this case.

(5) Insofar as compensation payable is concerned,

the plaintiffs to work out their remedy in