- 1 - HC-KAR NC: 2025:KHC:52038 CRP No. 716 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH 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) 1ST 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 2. THE DEFENCE ESTATE OFFICER K. KAMARAJA ROAD, KARNATAKA CIRCLE, BENGALURU-560042 …RESPONDENTS (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 Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52038 CRP No. 716 of 2024 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: - 3 - HC-KAR NC: 2025:KHC:52038 CRP No. 716 of 2024 “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. - 4 - HC-KAR NC: 2025:KHC:52038 CRP No. 716 of 2024 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 not in dispute. It is relevant to note that 15% interest on the balance amount for the period from 25.03.2003 to 15.03.2007 is calculated then it comes to Rs.1,41,020/- and if the said amount is added to Rs. 7,19,551/- it comes to Rs. 8,60,571/ which is the due amount by the 15.03.2007. Subsequently Rs.4,80,900/- has been deposited in MFA No. 1600/2002 as on 15.03.2007. If the said amount has been deducted out of total amount of Rs. 8,60,571/-, the balance amount will be Rs. 3,79,671/- and if 15% interest on the said amount is added for period from 16.03.2007 to 05.07.22 it will come to Rs. 9,22,663/-. My learned predecessor in office considered all these facts and passed the order on 04.03.2023. The said order is in accordance with - 5 - HC-KAR NC: 2025:KHC:52038 CRP No. 716 of 2024 law by considering all the aspects regarding payment, calculation of interest. Therefore, viewed from any angle, the memo of calculation prepared by the decree holder cannot be accepted. Hence, the following: ORDER Memo of calculation prepared by the decree holder is hereby over ruled.” 5. Being aggrieved by the same, the decree holder has filed the present revision petition contending that interest portion is not considered by the learned trial Judge in the executing Court resulting miscarriage of justice and sought for admitting the revision petition. 6. Per contra, learned counsel for the judgment debtor No.2 and learned Additional Government Advocate judgment debtor No.1 supports the impugned order and contended that all the amount as claimed in the execution petition including the interest has been paid by the judgment debtors, nothing survives in the case. 7. Having heard the arguments of both sides this Court perused the material on record meticulously. - 6 - HC-KAR NC: 2025:KHC:52038 CRP No. 716 of 2024 8. On such perusal of the material on record, the learned trial Judge in the Executing Court took note of the fact that on 24.03.2003 a sum of Rs.4,50,000/- was deposited and it is also admitted by the decree holder. In view of that payment, total amount due that was payable by the judgment debtor as on 24.03.2003 is sum of Rs.7,19,751/-. The said amount is also not disputed by the decree holder. Adding the interest at the rate of 15% per annum from 25.03.2003 to 15.03.2007 worked out at Rs.1,41,020/-. As such, the total amount payable by the judgment debtor to decree holder worked out at Rs.8,60,571/-. Subsequently, a sum of Rs.4,80,900/- has been deposited in the miscellaneous first appeal in MFA No.1600/2002 on 15.03.2007. 9. If the said amount is deducted from the total amount payable in a sum of Rs.8,60,571/- balance amount payable by the judgment debtor would be sum of Rs.3,79,671. Interest is added at the rate of 15% per annum from 16.03.2007 to 05.07.2022 would worked out to sum of Rs.9,22,663/-. Pertinently, all these payments have been made and the same has been recorded by the executing Court. - 7 - HC-KAR NC: 2025:KHC:52038 CRP No. 716 of 2024 Therefore, further claim of interest is held to be not tenable by way of impugned order. 10. This Court does not find any good or valid reasons to interfere with the said order. 11. Accordingly, following order is passed: ORDER (i) Revision petition is dismissed. (ii) No order as to costs. Sd/- (V SRISHANANDA) JUDGE MR