ONKARAPPA CHANDAPPA BIRADAR Vs. DHAREPPA

JUDGEMENT

(1.) THE petition is filed challenging the Order at annexure "a", rejecting the application filed by the petitioner under Section 148 readwith Section 151 CPC.

(2.) THE facts relevant for the purpose of this petition are as under: the petitioner is the plaintiff in O. S. No. 335/1989 and sought for specific performance of the contract of sale against the respondent. The suit came to be decreed by the Judgment and Decree dated 5. 4. 1993. Aggrieved by the Decree of the specific performance, the respondent brought an appeal in R. A. No. 42 of 1993 which came to be dismissed by the Judgment and Order dated 11,09. 1995. The perusal of the Decree reveals that the petitioner was granted the Decree for specific performance subject to deposit of the balance sale consideration of Rs. 9,100-00, within one month from the date of the Decree. The time granted by the Trial court was also confirmed by the Appellate Court in R. A. No. 42/1993. The petitioner did not deposit the amount of Rs. 9,100. 00 as ordered in the suit. It is therefore, the petitioner approached the Trial Court by filing a civil Miscellaneous No. 18 of 2002 under Section 148 readwith 151 CPC and requested for extension of time to deposit the amount of Rs. 9,100. 00. The Trial Court after hearing the respective Counsel has rejected the application. Aggrieved by the same, the petition has been filed.

(3.) THE learned Counsel for the petitioner contends that under the provisions of Section 148 CPC, the Courts have a discretion to extend the time fixed for payment or deposit under any Decree. The provisions of section 148 CPC reads as under: