P RAVI PRASAD GOUD Vs. P KRISHNA

JUDGEMENT

(1.) The Petitioner filed O.S. No. 267 of 2007 in the Court of III Senior Civil Judge, City Civil Court, Secunderabad against the Respondents for the relief of specific performance of an agreement of sale. The suit was decreed ex parte on 31.12.2007. It was to the effect that the Petitioner shall pay the balance of consideration of Rs. 5,25,000/- to the Respondents within one month and if they refused to receive the amount, it shall be deposited into the Court within one month thereafter. That means by the end of February 2008, the amount should have been either paid to the Respondents or deposited into the Court.

(2.) The Petitioner filed an E.P., for execution of the decree. He filed E.A. No. 360 of 2008 under Section 148 of Code of Civil Procedure with a prayer to enlarge the time stipulated for depositing of the balance of sale consideration. The trial Court dismissed the I.A., through order dated 20.02.009. The same is challenged in this revision.

(3.) Learned Counsel for the Petitioner submits that the Petitioner was ready to deposit the balance of sale consideration but was prevented from doing so, on account of serious ill-health. He contends that the Respondents remained ex parte not only in the suit but also in the E.A. and the executing Court ought to have shown indulgence.