KEMPARAJU Vs. M.R. RAJATH

JUDGEMENT

(1.) This writ petition is filed by the petitioner-judgment debtor challenging the order dtd. 10/6/2025 passed on an application filed by the petitioner under Sec. 28 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act'), in Ex.P.No.6/2023 on the file of the Additional Senior Civil Judge, Doddaballapur.

(2.) The brief facts leading to the filing of this petition are that the petitioner-judgment debtor along with respondent Nos.2 to 4 and respondent No.1-decree holder entered into an agreement of sale dtd. 13/6/2012. The respondent No.1-decree holder filed a suit for specific performance of the aforesaid agreement in O.S.No.48/2020 before the Court of Senior Civil Judge and JMFC, Doddaballapur (hereinafter referred to as the 'Trial Court'). The said suit was decreed vide judgment and decree dtd. 15/10/2022 ordering the petitioner-judgment debtor to execute the registered sale deed in respect of the suit schedule properties in favour of the respondent No.1-decree holder after receiving the balance sale consideration, within a period of three months.

(3.) The respondent No.1-decree holder filed an execution petition in Ex.P.No.06/2023 before the Executing Court seeking to execute the decree passed in O.S.No.48/2020. In the said execution petition, the petitioner-judgment debtor filed an application under Sec. 28 of the Act, seeking to rescind the contract as the respondent No.1-decree holder did not make payment of the balance sale consideration within the period of three months as directed in the decree. The Executing Court, after considering the application dismissed the same. The petitioner-judgment debtor, being aggrieved by the dismissal of the application for recession of the contract has filed this petition.