Judgment :- 1. The appellant is the claimant-decree-holder in L.A. Case No. 11 of 1964 on the file of the Principal Sub-Court, Ernakulam. In E A. No. 19 of 1972, the Execution Court allowed Advocate's Fee only at 1/4 of the maximum prescribed under R.14(5) of the Kerala Advocate's Fee Rules. The contention of the appellant is that he is entitled to Advocate's Fee without reference to the maximum of Rs. 3000/- for Land Acquisition Proceedings fixed under R.14(5) of the Rules. 2. The counsel for the appellant submitted that in terms of the provisions contained in S.28 of the Land Acquisition Act, the award in a land acquisition proceeding shall be deemed to be a decree within the meaning of the Code of Civil Procedure as defined in S.2(2) of that Code. It is his contention that R.10 of the Advocate's Fee Rules does not refer to R.14 and the reference therein is only to sub-rules 1 and 2 of R.6 which provides for the manner in which Advocate's Fee has to be calculated in the case of Small Cause Suits and Original Suits. R.10 relied on by the counsel for the appellant reads as follows: "The fee payable in execution petitions in Small Cause or Original Suits shall be one-third in contested and one-fourth in uncontested cases, of the fee allowable on the amount or value of the relief which is claimed in execution, as calculated under R.6(1) and (2), irrespective of the number of execution petitions." It is fairly clear that R.10 has reference in terms only to Execution Petitions in Small Cause or Original Suits and it is silent about Execution Petitions arising out of other proceedings That is so, in our opinion, because in Execution Petitions arising out of other proceedings Advocate's Fee has to be fixed by the Execution Court in its discretion as provided under S.35 of the Code of Civil Procedure. This was the position that obtained prior to the amendment of R.10, fixing a ceiling at Rs. 500/- on Advocate's Fee allowable in execution proceedings in respect of decrees in land acquisition cases. In this case, in as much as a sum of Rs. This was the position that obtained prior to the amendment of R.10, fixing a ceiling at Rs. 500/- on Advocate's Fee allowable in execution proceedings in respect of decrees in land acquisition cases. In this case, in as much as a sum of Rs. 750/-, which, in our opinion, is fair, is seen to have been awarded, we do not propose to interfere with the decision of the court below, though the assumption by the Execution Court that the Advocate Fee awarded invariably has to be 1/4 of the maximum of Rs. 3000/- fixed under R.14(5) appears to be unwarranted. The view we have taken finds support in the decision of the Division Bench of this court in A.S. No. 469 of 1971. 3. The appeal is therefore dismissed without any order as to costs. Dismissed.