THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.1386 OF 2007 DATED:24.03.2011 Between: The Land Acquisition Officer and Tahsildar, Eluru, now located at Pedapadu, Pedapadu. .... PETITIONER And Kaatneni Kamala Nehru & 3 others. .... RESPONDENTS ORDER: This Civil Revision Petition is directed against the order, dated 07.03.2006, in E.P.No.109 of 2002 in O.P.No.158 of 1984 on the file of the learned Additional Senior Civil Judge, Eluru, wherein the objections filed by the petitioner herein were overruled and attachment of the schedule property was ordered in execution of the decree, dated 21.04.1997. 2. Heard learned Government Pleader for Land Acquisition appearing for the petitioner and the learned counsel for the respondents. Perused the record. 3. It is not disputed that the respondents herein sought reference to the civil Court under Section 18 of the Land Acquisition Act in O.P.No.158 of 1984 and after due enquiry, the learned Principal Subordinate Judge, passed a decree fixing the market value at Rs.20,000/- per acre; granting solatium at 30%; additional amount at 12% on the market value and interest at 9% per annum from the date of taking possession upto one year and thereafter at 15% per annum till realization. 4. Respondents filed the Execution Petition for realisation of the balance decree amount by seeking attachment of the properties of the petitioner. The only contention raised by the petitioner herein is that on 18.09.1984 a sum of Rs.86,779/- was paid towards the compensation. Before the Execution Court also calculation memos were filed by both parties and after verifying the same, the Execution Court found that the calculation memo filed by the respondents herein-decree- holders was correct and overruled the objections raised by the petitioner-judgment-debtor and directed attachment of the schedule property. Aggrieved by the same, judgment-debtor preferred the present Civil Revision Petition. 5. Learned counsel for the respondents-decree- holders filed a fresh calculation memo furnishing the particulars of the claim and also showing the deduction of payment made on 18.09.1984 in a sum of Rs.86,779/- and further payment made on 07.07.1999 a sum of Rs.98,800/- and also the further payment made on 01.11.2007 in a sum of Rs.2,53,000/-. Thus, after deducting the amounts paid so far, a sum of Rs.28,790/- is stated to be due by the petitioner-judgment-debtor towards the balance decretal amount. 6. Petitioner herein has not produced any material to disprove the correctness of the particulars mentioned in the said calculation memo, dated 17.03.2011, filed by the respondents-decree-holders. In the absence of any such material to the contra and the calculation memo filed by the respondents-decree-holders being in accordance with the terms of the decree, it is held that the petitioner- judgment-debtor is liable to pay the balance amount due under the decree in a sum of Rs.28,790/-. Petitioner- judgment-debtor is directed to pay the said amount within a period of three moths from today failing which the respondents-decree-holders would be at liberty to proceed further with the execution of the decree for realization of the same. 7. Accordingly, Civil Revision Petition is disposed of. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 24th March, 2011. Tsy