HINDURAO ANNASAHEB PATIL Vs. YESHWANT LAXMAN YADAV

JUDGEMENT

(1.) This second appeal by the heirs of a deceased decree-holder is against the order of the learned District Judge, Sangli, dated 12-3-1980 dismissing the appeal against the order of the learned Civil Judge, Islampur, dated 13-9-1979 dismissing the decree-holders Darkhast No. 39 (Ex. 23) for condoning the delay in depositing the amount in time under a decree for specific performance made in his favour in his suit being suit No. 210 of 1960 for specific performance of agreement for sale of S. No. 273, village Bavachi, District Sangli, by the defendant in his favour.

(2.) The plaintiff-decree-holder had filed the said against the respondent/defendant for specific performance of an agreement for sale of the suit land. On 15-1-1969 the Civil Court decreed the suit in plaintiffs favour, directing the plaintiff to deposit an amount of Rs. 1,500/- in Court within a period of one month from the date of the decree and order the judgement-debtor-defendant to excuse the sale-deed on the decree-holder-plaintiff making such deposit. In pursuance of the direction the plaintiff deposited the amount of Rs. 1,500/- in Court on 10-2-1969. The Judgment-debtor however preferred an appeal against the said decree to the District Court at Sangli being Appeal No. 114 of 1969 and obtained an interim stay of the decree. The District Court dismissed the said appeal on 18-1-1971 but modified the decree of the lower Court by directing the Plaintiff to deposit Rs. 3,000/- (deducting costs of the lower Court) within a period of two months from the date of the decree of the Appellate Court. The decree further provided that if the said amount was not paid by the plaintiff as stated above his suit was to stand dismissed with costs in both the lower Courts. At the instance of the defendant, District Court by its order dated 2-4-1971 stayed the execution of the said decree. Thereafter the defendant preferred a second appeal to this Court against the said decree being S.A. No. 427/71. This Court also till the hearing and final disposal of the appeal stayed execution of the decree. On 26-6-1978 this Court dismissed the appeal and confirmed the decree of the Appellate Court.

(3.) Thereafter the plaintiff deposited the amount on 1-3-1979 and filled a Darkhast for execution being Regular Darkhast No. 39/79. The said darkhast was opposed by the respondent-judgment-debtor on the ground that the same was time barred as the deposit was not made within two months from 26-6-78 i.e. the date on which this Court dismissed the judgment-debtors S.A.No. 247 of 1977 and confirmed the lower Appellate Courts decree. The appellant/plaintiff, therefore, on 23-7-1979 made an application for condonation of delay for making deposit.