IN THE COURT OF PRINCIPAL DISTRICT JUDGE, KURNOOL.

PRESENT: Dr. V. Radha Krishna Krupa Sagar, Principal District Judge, Kurnool

Tuesday, the 19th day of July 2022

EXECUTION PETITION No.689 of 2021 in L.A.O.P. No.8 of 2013

M.Visweswara Reddy .. Petitioner/

Decree-holder

-Versus-

The Revenue Divisional Officer -cum- .. Respondent/ Land Acquisition Officer, Kurnool Judgment-debtor

This petition coming on 18-07-2022 for hearing before me in the presence of Sri V.N. Satyanarayana and Sri N.Venkata Rao, Advocates for the petitioner and of the Government Pleader for the respondent, upon hearing on both sides, upon perusing the material available on record and having stood over for consideration till this day, this Court passed the following:

O R D E R

The Decree-holder filed this execution petition under Order XXI Rules 22, 43 and 77 of The Code of Civil Procedure, 1908, seeking for attachment and sale of the execution petition schedule movable properties of the Judgment-debtor towards realization of the decree debt.

2. In the sworn affidavit of the Decree-holder, it is stated that the land was acquired and he was paid compensation and in terms of Section 18 of The Land Acquisition Act, 1894, they sought for a reference and the same was made accordingly and this Court enhanced the market value and granted the relief. Despite that, the Judgment-debtor did not deposit the decretal amount and therefore, this execution petition is filed.

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3. The execution petition calculation sheet indicates that the Decree-holder is claiming an amount of Rs.1,12,69,907/- and execution petition costs. The Award/Decree under execution was passed on 09-10-2018 and this execution petition was filed on 19-07-2021.

4. Since there was more than two years gap between both the above dates, this Court ordered notice under Order XXI Rule 22 of The Code of Civil Procedure, 1908 and the same was taken out and the Judgment-debtor made its appearance through learned Government Pleader and filed a counter, stating that showing wrong calculations, this execution petition is filed for wrongful gain. The execution petition schedule properties are not in possession and custody of this Judgment-debtor and they are not the exclusive properties of this Judgment-debtor and this execution petition is not tenable against the execution petition schedule properties. The value of the properties shown is very low. The interest claimed is very excessive. It is further stated that the Judgment-debtor preferred an appeal before the Hon'ble High Court of Andhra Pradesh. For these reasons, it prays for dismissal of the execution petition with costs.

5. Learned Counsel on both sides have not adduced any evidence.

6. Learned Counsel on both sides submitted oral arguments.

7. POINT FOR CONSIDERATION :

Whether a valid cause is shown as to why the decree under execution should not proceed further?

8. POINT ANSWERED:

The claim of the Decree-holder that the decretal amount is over-due is not denied in the counter filed by the Judgment-debtor. Though in the counter, an objection is taken about the incorrectness of the calculations mentioned in the execution petition, the Judgment-debtor has not chosen to furnish to this Court as to what according to it are the correct calculations. Be that as it may. As the things stood now, the decretal debt is overdue.

9. As against the Award/Decree under execution, the Judgmentdebtor preferred L.A. A.S. No.14 of 2021 before the Hon'ble High Court of Andhra Pradesh. In those proceedings, orders dated 14-02-2022 were passed by Their Lordships in I.A. No.3 of 2021. For the benefit, the said orders are extracted here:

"There shall be interim stay of all further proceedings pursuant to the order and decree dated 09-10-2018 in L.A.O.P. No.8 of 2013 on the file of the learned Principal District Judge, Kurnool, on condition that the

petitioner/appellant deposits 50% of the decretal amount along with interest and costs within a period of six (6) weeks from today, in default, the stay shall stand vacated automatically without reference to the Court."

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The six weeks time mentioned therein was completed by March 2022. As per the record and the learned Counsel for the Decree-holder , the amount that was ordered to be deposited, was not deposited either within the time or even thereafter by the Judgment-debtor. During the course of hearing, the learned Government Pleader fairly stated that though the orders of the Hon'ble High Court of Andhra Pradesh directed for deposit of 50% of the decretal amount along with interest and costs within six weeks, the same was not done so far. The learned Government Pleader admits that steps are afoot to comply with the directions of the Hon'ble High Court. While it is appreciated that the respondent/Judgment-debtor is taking steps to see that the orders of the Hon'ble High Court of Andhra Pradesh are complied with, the fact remains that within the period granted by Their Lordships, the deposits were not made and by virtue of the very order, the interim stay granted by their Lordships stood vacated automatically. Therefore, as rightly stated by the learned Counsel for the Decreeholder as well as the learned Government Pleader for the respondent, there are no orders of stay. In these circumstances, this executing Court finds that there are no legal impediments to

stall further proceedings in this execution petition. Hence, the contentions raised by the Judgment-debtor are negatived.

Hence, the Point is answered in favour of the petitioner/ Decree-holder.

10. In the result, the objections raised by the Judgment-debtor at this stage of receiving notice under Order XXI Rule 22 of The Code of Civil Procedure, 1908 are negatived. Issue Rule 43 notice to the Judgment-debtor and issue warrant of attachment of execution petition schedule movable properties on payment of process by the Decree-holder. Call on 01-09-2022.

Dictated to the Stenographer, transcribed and typed by him, corrected and pronounced by me in open Court, this the 19th day of July 2022.

PRINCIPAL DISTRICT JUDGE, KURNOOL.

APPENDIX OF EVIDENCE Witnesses examined

-None-

Exhibits marked

-Nil-

PRINCIPAL DISTRICT JUDGE, KURNOOL.