ASHRAFALI Vs. HARI RAMA BIRJE

JUDGEMENT

(1.) The petitioner being aggrieved by the order dated 15.03.2018 passed by the learned Senior Civil Judge, Khanapur (hereinafter referred to as 'the Executing Court', for brevity) closing the Execution Case in E.P.No.01/2017 for the time being, with liberty to open when cause of action calls for, has preferred this revision petition.

(2.) As could be gathered from the materials placed before this Court, the present petitioner was the decree holder in O.S.No.38/2014, in the Court of Senior Civil Judge & JMFC, Khanapur (hereinafter referred to as the 'trial Court' for short) for the relief of specific performance of contract.

(3.) The decree had directed the original judgment debtor Sri. Hari Rama Birje to execute a registered sale deed by receiving balance sale consideration of Rs.8,50,000/- and to convey the title and possession of suit schedule property, which was an agricultural land measuring five acres bearing R.S.No.122/5 situated at Muddekop village, Jamboti circle, Khanapur Taluk, Belagavi District. The judgment and decree was passed in favour of the petitioner on 28.09.2016 and three months time was given to the original judgment debtor to execute the sale deed, in case of his failure to execute, the plaintiff was given liberty to get the conveyance deed executed in due process of law. The plaintiff was directed to deposit the balance sale consideration amount of Rs.8,50,000/- before the Court within a month from the date of the decree.