IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO.388 OF 2024 (EX)

BETWEEN:

SRI GURUMURTHY, S/O DODMANE KANNAPPA, AGED ABOUT 74 YEARS, R/O GUDDEKOWTHI, MARASA VILLAGE, SAGARA TALUK, SHIVAMOGGA DISTRICT PIN 570137 …PETITIONER (BY SRI SAMEER S N, ADVOCATE)

AND:

1. THE COMMISSIONER CITY MINICIPAL COUNCIL, SAGAR, SHIVAMOGGA DISTRICT- 577401

2. ASSISTANT COMMISSIONER AND L A O SAGAR Digitally SHIVAMOGGA DISTRICT- 577401 signed by …RESPONDENTS MALATESH K C (BY SRI. PRUTHVI WODEYAR, ADVOCATE FOR R1;

SRI BHOJEGOWDA T. KOLLER, ADDITIONAL GOVERNMENT Location:

ADVOCATE FOR R2)

HIGH COURT OF KARNATAKA THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE, AGAINST THE ORDER DATED 21.08.2023 PASSED IN EX No.24/2018 ON THE FILE OF C/C ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGAR, THE PETITION IS CLOSED AS FULLY SATISFIED.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

The present revision petition is filed by the decree holder in Execution Case No.24/2018, whereby not only execution petition came to be closed, but also the alleged excess amount that was paid by the judgment debtor has ordered to be returned with interest at 15% per annum after the period of three months.

2. Operative portion of the Order of the Execution Court reads as under:

“The petition is closed as fully satisfied.

The DHR is hereby directed to pay an amount of Rs.5,66,500-00 i.e, excess received by him from the JDRs to the JDR No.2 within span of 3 months from today. In case of default interest @ 15% per annum will payable on the amount from the date of this order till its realization.

It is needless to say that in case of default, the JDRS are at liberty to file the E.P for the recovery of the same, if necessary.”

3. Facts in the nutshell for disposal of the present revision petition are as under:

3.1. Pursuant to the award passed in LAC case No.5/2013, decree holder filed an execution petition for recovery of sum of Rs.13,57,714/- along with future interest at the rate of 15% per annum.

4. There was serious dispute as to the memo of calculation filed by the decree holder with regard to the execution claim. Therefore, both the parties were directed to file respective memo of calculations.

5. As such, both decree holder as well as judgment debtor have filed memo of calculations. Later on since there was difference in the memo of collections, Court took the responsibility of calculating the exact amount recoverable by the decree holder pursuant to the award passed in LAC No.5/2013. Court calculated the amount in paragraph 4(a) to 4(l) in Execution case No.24/2018, taking note of the amounts paid by the judgment debtor to the decree holder as against the execution claim.

6. For ready reference, paragraphs 4 (a) to (l) in Execution Case No.24/2018 are called out hereunder:

“a) As per the award passed in LAC 5/2013, the DHR is entitled for Rs.3,00,564-00 as market value for the acquired land. Admittedly, L.A.O had paid Rs.1,13,843-00 to the D.H.R. When the said amount is deducted from Rs.3,00,564-00, the enhanced amount will come to Rs.1,86,721-00.

b) Admittedly, the DHR is entitled for 30% solatium under section 23(2) of L.A.Act as per Award on the enhanced amount. Hence, the DHR is entitled for solatium of Rs.56,016-00. Further the DHR is entitled for 12% Additional benefit from 29.03.2009 to 3.5.2011 on enhanced amount which comes to Rs.46,961-00. When the aforesaid three amounts are added, it comes to Rs.2,89,698-00.

c) The DHR is entitled for interest @ 9% per annum on the said amount for one year, which comes to Rs.26,072-00. Further the DHR is entitled for 15% of interest of Rs.2,89,698-00 from 29.3.2010 to filing of the present petition i.e., 23.08.2018 (3068 days) which comes to Rs.3,65,257-00.

d) Further the DHR is entitled for Crop damages of Rs.2,76,000-00 and he is also entitled for in