IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

CIVIL REVISION PETITION NO.716 OF 2024 (EX)

BETWEEN:

SRI N THYAGARAJU

S/O LATE D.A.NARAYANAPPA

AGED ABOUT 81 YEARS

RESIDING AT No.43 (OLD No.8/3)

1^ST CROSS, CHARLES CAMPBELL ROAD

COX TOWN, BENGALURU-560005

…PETITIONER

(BY SRI RAVINDRANATH K, ADVOCATE)

AND:

1. THE SPECIAL LAND ACQUISITION OFFICER

FOR DEFENCE

V.V.MINI TOWER, VIDHANA VEEDHI

(NOW AMBEDKAR VEEDHI)

BENGALURU-560001

Digitally

signed by 2. THE DEFENCE ESTATE OFFICER

MALATE SH K. KAMARAJA ROAD, KARNATAKA CIRCLE,

K C BENGALURU-560042

Location:

HIGH

…RESPONDENTS

COURT OF

KARNATAKA

(BY SRI BHOJEGOUDA T. KOLLER, ADDITIONAL GOVERNMENT

ADVOCATE FOR R1;

SRI MADHUKAR DESHPANDE, ADVOCATE FOR R2)

THIS CRP IS FILED UNDER SECTION 115 OF CIVIL

PROCEDURE CODE PRAYING TO SETTING ASIDE ORDER

DATED 30.05.2024 IN EXECUTION PETITION No.1294/2001 ON THE FILE OF II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AND SPECIAL JUDGE, CITY CIVIL COURT, BENGALURU (CCH-17).

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri Ravindranath K., learned counsel for the revision petitioner, Sri Bhojegouda T Koller, learned Additional Government Advocate for respondent No.1 and Sri Madhukar Deshpande, learned counsel for respondent No.2.

2. In respect of the acquired land award came to be passed which became final and claimant filed an execution petition in Execution Case No.1294/2001.

3. After payment of the entire decreetal amount, there was interest portion that was being sought to be executed. In that regard a memo of calculation came to be filed by the decree holder. Same was objected by the judgment debtor. 4. Learned trial Judge by order dated 30.05.2024 passed a detailed order which reads as under:

“Orders on memo of calculation In the case on hand, the decree holder filed a memo of calculation as on 13.02.2024, claiming total balance, amount due from the JDr as on 12.02.2024 is Rs. 13,09,661/-, that has been seriously objected by the JDr claiming that the office calculation is correct and there is an order by the court regarding the memo of calculation on 04.03.2023 and as per the said order the JDr has deposited the amount to the court. With these rival contentions, the Court has to consider whether the memo of calculation fled by the decree holder is correct or office calculation is correct.

It is undisputed fact that the market value of the land determined by the Hon'ble Supreme Court of India at the rate of Rs. 1,75,000/- per acre in Civil Appeal No. 1776/2009 and as per the said order, the decree holder is entitled for compensation of Rs. 2,03,438/. The total compensation awarded by the LAO at the rate of Rs. 21,506/. Hence, the enhanced market value of the land in this case is Rs. 1,81,932/-. 30% solatium to the said amount is Rs. 54,580/-. Hence, total enhanced compensation of land is Rs. 2,36,512/ and if 9% interest on enhanced compensation of land for the period from 12.07.1976 to 11.07.1977 (one year) is calculated that comes to Rs. 21,286/- and if 15% interest on enhanced compensation of land for the period from 12.07.1977 to 24.03.2003 is calculated that comes to Rs.

9,11,753/-. Therefore, considering all these facts total balance amount due by the JDr to the decree holder as on. 24.03.2003 is Rs. 11,69,551/-. All these facts have been mentioned in detail in Sl. No.1 to 8 of the memo of calculation filed by the decree holder as well as office memo of calculation. Therefore, the total outstanding amount or balance amount due by JDr to the decree holder as on

24.03.2003 is Rs. 11,69,551/-, is an admitted fact.

It is relevant to note that the JDr vide R.O. No.

87857(5430) dated 24.03.2003 has deposited a sum of Rs. 4,50,000/- vide cheque No.8124 dated 08.04.2003. The said fact is also admitted fact and it is not in dispute. Hence total amount due by JDr as on 24.03.2003 is Rs. 7,19,551/-. The said fact is also no