336 and for companypensation of Rs.39,000/ , After filing the written statement companytesting the suit, Narendra Kumar, the Conservator of Forest, the third respondent companyluded with the respondents 1 and 2 with out any sanction of the State Government and appears to have suffered a companypromise decree in that suit, The additional District judge, Betul, accordingly, passed a decree on May 8, 1992 setting aside the award.
This special leave petition arises from the judgment of the High Court of Madhya Pradesh, Jabalpur Bench, made on April 11, 1996 in M.A No.
The said property was acquired and an award came to be made under section 16 of the Indian Forest Act By the Forest Superintending officer.
The writ petition filed by the appellants was dismissed by the High Court with liberty to agitate their right in an appropriate suit.
Consequently, They filed an application under Section 47, CPC, objection to the execution on the ground of fraud.
Consequently, the suit was filed for declaration and to set aside the decree on the ground of companylusion and fraud played upon the Government.
The application for injunction was dismissed and the appeal has also been dismissed by the High Court.
Respondent No.2, Shivshankar Shukla was the owner of the land from khasra No.
After one and a half years, the respondents filed an execution application upon which the appellants came to know of the decree for the first time.
Along with the suit, an application under order XXXIX, Rule 1 and 2, CPC came to be filed.
After taking over possession thereof, the standing timbers bamboos were removed.
The respondents filed Civil Suit No.
4A of 1988 for a declaration of title to the land in khasra No.
We have heard learned companynsel for the parties.
336, Peesajhodi, Tehsil in District Betul.
That award became final.
282/1 and 292 was given to them .
Delay companydoned.
Thus, this appeal by special leave.The application was dismissed.
414/96.
leave granted.
