GOPANA SUBBA RAYUDU Vs. PASUPILETI VENKATA RAMANA

JUDGEMENT

(1.) THE Government of Andhra Pradesh acquired an extent of Act 18. 26 cents of land in Sy. No. 1462 of Poli Grama Polam, rajampet Mandal, Kadapa District, and an award was passed therein. At the instance of the petitioner, the matter was referred to the Court of Senior Civil Judge, Rajampet, under Section 18 of the Land Acquisition act (for short 'the Act'), and it was taken up as L. A. O. P. No. 40 of 1997. After the decree passed therein became final, the petitioner filed E. P. No. 36 of 2006, for recovery of the balance of compensation.

(2.) RESPONDENTS 1 and 2 filed E. A. No. 192 of 2007, under Rule 58 of Order XXI C. P. C, stating that they are entitled to be paid the amount of compensation. The petitioner opposed that application. Through its order, dated 04-04-2008, the Executing Court allowed the E. A. Hence, this revision petition.

(3.) LEARNED counsel for the petitioner submits that the very filing of E. A. , under rule 58 of Order XXI C. P. C, was untenable, inasmuch as there did not exist any attachment. He contends that the execution proceedings, in an O. P. , under Section 18 or 13 of the Act, substantially differ, from those in the ordinary suits, and there was absolutely no basis for the respondents to file the application. Learned counsel submits that the land stood vested in the Government, on being acquired under the Act, and that the respondents did not participate at any stage of the proceedings.