K.N. Keshavanarayana, J.

As common questions of fact and law arise for consideration in these appeals, they were heard together and are being disposed of by this common order.

2. The appellants in W.A. No. 1433 of 2007 are the respondents 2(a) to 2(d) in W.P. No. 8657 of 2007. The appellants in W.A. No. 1434 of 2007 are the respondents 2(a), 2(b) and 3(a) to 3(f) in W.P. No. 8517 of 2007. The common respondent 1 in these appeals is the petitioner in the writ petitions. The appellants are aggrieved by the orders passed by the learned Single Judge allowing the petitions and quashing the impugned orders passed by the Executing Court and remanding the matter to the Executing Court for fresh consideration.

3. The undisputed facts are as under:

Certain lands owned by the appellants situated in Lakkammanahalli, Dharwad, were acquired as per the provisions of Land Acquisition Act, 1894 for the benefit of Karnataka Housing Board. The Land Acquisition Officer by his award dated 8-5-1989 determined the market value of the acquired lands at Rs. 25,000/- per acre. On reference under Section 18 of the Act the Reference Court determined the market value of the acquired lands at Rs. 13,800/- per gunta, and further held that the claimants are entitled for solatium at 30% on the market value, additional market value at 12% p.a. on the market value from the date of preliminary notification up to the date of award less the amount paid under the award, and that the claimants are entitled for interest on the enhanced compensation at 9% p.a. from the date of dispossession for a period of one year and at 15% p.a. thereafter up to the date of payment. Against the said judgment and award of the Reference Court, respondent 1 filed appeals before this Court in M.F.A. Nos. 3939 and 3940 of 1998. The appeals were dismissed on 8-3-2006 and the award of the Reference Court was affirmed. Against the dismissal of the appeals, respondent has filed special leave petitions before the Hon'ble Supreme Court and they are pending. However, there is no order of stay. In the meanwhile the appellants in W.A. No. 1433 of 2007 filed Ex. P. No. 133 of 2006 in the Court of Civil Judge (Senior Division), Dharwad claiming Rs. 90,00,580/- and the appellants in W.A. No. 1434 of 2007 filed Ex. P. No. 135 of 2006 on the file of the same Court claiming Rs. 37,42,358/- as the amounts payable as per the awards of the Reference Court. The execution petitions were accompanied with memo of calculations. As per the memo of calculations, the claimants calculated interest on the total market value of the land at the rate determined by the Reference Court, additional market value and also solatium, from the date of award by the Land Acquisition Officer, as according to them the date of dispossession has not been stated either in the award of Land Acquisition Officer or in the award of Reference Court.

In both the execution petitions the decree-holders sought attachment and sale of moveable properties of judgment-debtors and also arrest and detention of judgment-debtors in civil prison. Initially cause notice of execution petitions were issued to the judgment-debtors and upon service of cause notice only 2nd judgment-debtor namely respondent 1 herein appeared before the Court. However, as objections were not filed, the Executing Court directed issue of attachment warrants in both the petitions on 27-11-2006. Subsequently when the attachment warrants were sought to be recalled by judgment-debtor 2, a conditional order came to be passed on 4-12-2006. Pursuant to the said order, judgment-debtor 2, deposited by way of cheques Rs. 60,07,691/-in Ex. P. No. 133 of 2006 and Rs. 24,66,174/- in Ex. P. No. 135 of 2006, on 12-12-2006 and on such deposit, the attachment warrants were recalled. The amounts so deposited by judgment-debtor 2 were paid to the decree-holders by means of cheques. Thereafter on 22-2-2007 office of the Executing Court prepared calculation memo showing that the judgme