S JAHANARA Vs. C NAZEER AHAMED

JUDGEMENT

(1.) THE petitioner in filing the instant C. R. P. had challenged the order dated 3-3-2003 passed by the Court of Civil Judge (Sr. Dn.), Chickmagalur (henceforth referred to for convenience as the Trial Court), on I. A. No. 28 in O. S. No. 76/1985 filed under sec. 28 (1) of Specific Relief Act, 1963.

(2.) BEFORE proceeding further, I set here below the relevant facts of the case the petitioner-plaintiff had filed originally a suit in O. S. No. 76/1985 for specific performance of the agreement of sale dated 3-12-1982 and further permitted the petitioner plaintiff to deposit a sum of Rs. 2,50,000/- in court and on failure of the petitioner-plaintiff to do so the trial Court shall execute the sale deed in respect of suit schedule property in the name of the petitioner-Plaintiff. Earlier the petitioner-plaintiff had executed an agreement of sale to sell the suit schedule property for sale consideration of Rs. 2,70,000/ -.

(3.) THE trial Court, on contest, decreed the suit of the petitioner-plaintiff with cost of Rs. 34,5287- and further directed the petitioner-plaintiff to deposit a sum of Rs. 2,50. 000/ -. the balance of the sale consideration on or before 22-2-1991; having not done that, the petitioner-plaintiff had filed series of I. As. , i. e. : I. A. Nos. 25 to 27 before, the trial Court seeking extension of time to deposit the above said balance of the sale consideration. Finally, the petitioner-plaintiff had filed I. A. No. 29 seeking extension of time, whereas the respondent-defendant opposed the said I. A. and further filed a separate I. A. numbered as I. A. No. 28 before the trial Court. The said I. A. was filed by the respondent-defendant under section 28 (1) of Specific Relief Act, 1963 praying for setting aside the judgment and decree passed earlier on 22-2-1990 and also to dismiss the said suit of the petitioner-plaintiff.