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2001 Supreme(AP) 427

S.ANANDA REDDY
N. Chandramouleswara Reddy – Appellant
Versus
SSPECIAL DEPUTY COLLECTOR (LAND ACQUISITION), SRISAILAM PROJECT, ATMAKUR, KURNOOL DISTRICT – Respondent


S. ANANDA REDDY, J.

( 1 ) THIS revision petition is directed against the order dated 1st February 2001 of the principal Senior Civil Judge, Kurnool in E. P. No. 62 of 2000 in O. P. No. 2397 of 1980.

( 2 ) THE petitioner is the decreeholder in whose favour an award was passed by the civil Court in O. P. No. 2397 of 1980 on 14th december 1988. The Execution Petition is filed by the petitioner/claimant under order XXI Rules 22,43 and 77 of the Code of Civil Procedure to attach and sell the schedule properties for the realization of the e. P. amount. According to the petitioner/ claimant he was paid the entire amount of compensation except the additional amount of 12% awarded under Sec. 23 (l-A) of the land Acquisition Act. That was resisted by the Respondent/special Deputy Collector, who contested the claim of the petitioner/ claimant on the ground that the petitioner/ claimant is not entitled for the additional market value provided under Sec. 23 (l-A) of the Act as the acquisition as well as the passing of the Award was prior to 30-4-1982. Thereafter the Executing Court went into the merits of the claim of the petitioner/claimant and after referring to various judgments of this Court











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