Code of Civil Procedure, 1908–Order 14, Rule 1–While deciding the preliminary issue, Court below held that the suit was maintainable–Suit for permanent injunction was filed with the averments that after acquiring the land, the award was not satisfied and the defendant-UIT proceeded to auction of the plots of the colony on the land in question–Plaintiff was entitled to get 15% developed land–Though the award is to be satisfied by filing the execution in land acquisition proceedings but it is also clear that the relief for injunction cannot be granted by the Land Acquisition Officer–Relief prayed by the plaintiff is not for the execution of award but is for permanent injunction–Held suit was rightly hold maintainable before the Civil Court.
