DEPUTY CONSERVATOR OF FORESTKAR Vs. V B VENKATESHA

JUDGEMENT

(1.) It is unfortunate that the State Government is a litigant to a frivolous writ petition filed against the order dated 20-2-2017 holding that the decree-holder is entitled to the compensation amount mentioned in the execution petition. Time was granted till 1-3-2017 to take steps.

(2.) The parties are referred as per their ranking before the Trial Court.

(3.) It is the case of the State Government that the State had acquired the house property measuring 30' x 40', Survey No. 79, Voddihatti, Madia Village, Chikkmagaluru Taluk, Assessment No. 6, Siruvase Grama Panchayath, Jagara Hobli, Chikkmagaluru District. The 1st respondent filed O.S. No. 165 of 2002 for a declaration against the petitioners and respondent 2 contending that he is entitled to receive the compensation in respect of the house property. After contest, suit came to be dismissed. As against the said judgment and decree, the 1st respondent filed appeal in R.A. No. 235 of 2010 before the Presiding Officer, Fast Track Court, Chikkmagaluru. The Appellate Court, after hearing both the parties, by its judgment and decree dated 1-8-2011, has allowed the appeal and decreed the suit as prayed for. In view of the same, the 1st respondent filed Execution Petition No. 145 of 2016 for implementation of the judgment and decree passed in R.A. No. 235 of 2010. The Executing Court, by the impugned order dated 20-2-2017, has held that the decree-holder is entitled for recovery of the compensation amount. Hence, the present writ petition is filed.