JOSEPH Vs. JOSEPH

JUDGEMENT

(1.) The plaintiffs in O.S. No. 782 of 1994, on the file of the Sub Court, Ernakulam have preferred this revision against the order dated 13-3-1996 in I. A. No. 6988 of 1995 arising out of the said suit, by which the learned Additional Sub Judge directed the petitioners to file an Execution Petition in order to execute the decree which was one for specific performance of a contract.

(2.) By the judgment and decree dated 31-8-1995 of the Court below in the said suit, the defendant/respondent was directed to execute the sale deed in favour of the plaintiffs in respect of the plaint schedule property after receipt of the balance sale consideration of Rs. 62,500/- within one month from the date of judgment failing which the plaintiffs shall be at liberty to get the decree executed by depositing the balance amount in the Court below. On 16-9-1995, the plaintiffs deposited the sale consideration amount of Rs.62, 500/- in the Court below as directed in the decree. But, the defendant / respondent did not execute the sale deed as per the decree in spite of the fact that the balance consideration money was deposited within one month from the date of the judgement. Hence the plaintiffs/petitioners have filed a petition (II-A. 6988/96) on 13-12-1995 praying therein to give a direction to execute the sale deed under Section 28(3) of the Specific Relief Act, 1963. But the learned Sub Judge declined to do so and passed the impugned order by saying that a separate execution petition should be filed for execution of the said decree.

(3.) Although due notice was served on the respondent herein, neither he nor the Advocate on his behalf appeared when the case was taken up for hearing.