- (1.) THOUGH the matter is posted for admission with the consent of the learned Counsels on both sides, the same is taken up for final consideration.
(2.) THE petitioners have obtained a decree/award against the respondent in L. A. C. No. 42 of 1993 on the file of the learned Additional Civil judge, Dharwad, dated 31-1-1995. The same award came to be affirmed by this Court in M. F. A. No. 1885 of 1995. As per the award, the decreeholders were entitled to the compensation of Rs. 30,000/- per acre with 30% solatium as well as additional market value at the rate of 12% per annum as per the provisions of Section 23 (1-A) read with Section 30 of the amended Act from the date of notification under Section 4 (1) till the date of award or till the date of taking possession of the land, whichever is earlier. The award also further made it clear that the decree-holders are entitled to the interest at the rate of 9% per annum on the enhanced compensation.
(3.) THE petitioners sought to execute the award in Execution Case No. 429 of 1995 which was filed before the Civil Court, Dharwad which later on bifurcation of the jurisdiction and formation of new district of Gadag was transferred to Civil Court at Gadag and was renumbered as Execution case No. 17 of 2001. In the execution case, the petitioners filed an application under Order 21, Rules 30 and 43 read with Rule 151 of the cpc, for attachment and sale of judgment-debtors properties on the ground that only partial payment has been made which is not in compliance with the award already passed. This application has now been rejected by the learned Civil Judge (Senior Division), Gadag, which is impugned herein in the present petition.;