YELLA SLMHACHALAM Vs. SLRIPURAM SOMULU

JUDGEMENT

(1.) Heard both sides.

(2.) The revision is directed against an order made in I.A.No. 784 of 1985 in O.S.No. 133 of 1973 on the file of the District Munsif, Srugavarapukota.

(3.) The facts in brief are as follows: The second defendant the subsequent purchaser in the litigation is the revision petitioner. The first defendant sold the property under an agreement of sale in favour of the plaintiff respondent and the plaintiff had instituted a suit O.S.No. 133 of 1973 on the file of the District Munsif Court at Srungavarapukota for specific performance and the suit was decreed on 15-11-1978 granting two months time to deposit the remaining sale consideration. The second defendant had carried the matter in appeal A.S.No. 151 of 1978 on the file of the Subordinate Judge, Visakhapatnam and the appeal was dismissed on 13-2-1981 granting two months time and the respondent plaintiff had not deposited the amount even within time granted by the appellate Court. As per record, it appears that I.A.Nos. 252 to 255 of 1982 were filed by the plaintiff respondent in the present revision for extension of time and without notice to the above said parties the time was extended. Consequently the present application I.A.NO. 784 of 1985 in O.S.No. 133 of 1973 was filed under Section 28 of the Specific Relief Act read with Section 151 C.P.C. praying rescinding of the contract on that ground. The said application was dismissed by an order dated 6-8-1993 and aggrieved by the same the present revision is filed.