THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.5349 OF 2011 DATED 07TH NOVEMBER, 2014 Between:
S. Rajeshwar Rao and others … Petitioners and The Land Acquisition Officer (Revenue Divisional Officer), Mulug, Warangal District … Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.5349 OF 2011 O R D E R This civil revision petition under Section 115 CPC arises out of the order dated 20.04.2009 passed by the executing court of the learned I Additional Senior Civil Judge, Warangal, in E.P. No.208 of 2007. The decree holders in O.P. No.5 of 1996 on the file of the learned I Additional Senior Civil Judge, Warangal, instituted these execution proceedings for attachment of the petition schedule property of the judgment debtor for realization of the E.P. amount of Rs.3,31,250-61 ps. The Executing Court ultimately held that the judgment debtor was liable to pay a sum of Rs.1,56,198/- with subsequent interest at 15% on the balance of land value, solatium and additional market value from 28.02.2008 till the date of payment.
While so, Sri J. Venkateswara Reddy, learned counsel for the petitioners-decree holders, states that there was a mistake committed by his clients in the calculation memo and therefore the executing court proceeded erroneously. As the petitioners- decree holders would be entitled to the just fruits of the decree secured by them, this Court is of the opinion that the exercise undertaken by the executing court necessarily has to be set at naught. The order under revision is accordingly set aside. It shall be open to the petitioners-decree holders to file a fresh calculation memo and the executing court shall, upon giving the judgment debtor a reasonable opportunity to respond, determine the exact decretal dues and take steps in the matter thereafter in accordance with law.
The civil revision petition is allowed. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
SANJAY KUMAR, J 07TH NOVEMBER, 2014
PGS