HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 4530 OF 2006. DATED 26TH AUGUST, 2010. BETWEEN The Special Deputy Collector-cum- Land Acquisition Officer, SSP, Kurnool ….Petitioner and P.Parvathamma … Respondent HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 4530 OF 2006. ORDER: Heard the learned Government Pleader appearing for the petitioner and Sri K. Somakondareddy, learned Counsel appearing for the respondent. The petitioner herein, who is a Land Acquisition Oﬃcer, ﬁled this Revision under Section 115 C.P.C. inter alia assailing the execution proceedings initiated by the respondent in pursuance of the decree obtained by him in O.P.No. 672 of 1987 on the ﬁle of the Additional Senior Civil Judge, Kurnool. There is no dispute with regard to the fact that the Land Acquisition Oﬃcer initially ﬁxed the market value of the land acquired as on the date of notiﬁcation on 31.1.1974 pursuant to the acquisition of the land of the respondent herein in an extent of Ac.5.83 cents situated in Sy.No. 92/A1A G.D. of Thummalur village and that a reference under Section 18 of the Land Acquisition Act was made to the competent Civil Court, which enhanced the compensation payable to the respondent and also awarded 30% solatium on the market value and also additional market value at 12% p.a. on the market value from the date of the notiﬁcation till the date of passing the award. The Reference Court further granted interest at 9% p.a. from the date of possession for a period of one year and thereafter 15% p.a. till the date of payment. The learned Government Pleader for the petitioner/Acquisition Officer raised a specific plea to the eﬀect that the respondent/claimant is not entitled to additional market value having regard to the fact that the award is dated 22.2.1970 and the same is much earlier to the amendment made to Section 23-1(a) of the Land Acquisition Act, i.e. on 30.4.1982. The Court below rejected the plea of the petitioner holding that the executing Court cannot go beyond the decree and it being the Executing Court is bound by the decree and cannot modify the orders passed by the Reference Court. Having heard the learned Counsel on either side and perused the material on record, it is quite clear that the decree includes the said additional market value and the said decree was not questioned by ﬁling any appeal by either party and hence, the same has become final and since then the same is binding on the parties. Therefore, it is not open for the judgment debtor now to raise any such plea in the execution proceedings with regard to modiﬁcation of the relief granted. The Court below rightly rejected the request of the petitioner. Even otherwise also, such plea cannot be accepted in the execution proceedings when the decree has become final. The Civil Revision Petition lacks merits and is accordingly dismissed. No order as to costs. ---------------------------------------- JUSTICE B. PRAKASH RAO 26T H AUGUST, 2010. MSNR.