KANCHENAPALLI VIMALA Vs. BANDARU SRINIVASA RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner under sec. 115 of Civil Procedure Code (in short CPC) against the Orders passed by the learned I Additional District Judge, Ongole in IA. No.2302 of 2014 in OS.No.38 of 2013, dtd. 19/1/2015 wherein and whereby the learned trial Judge dismissed the petition filed by the petitioner under Sec. 5 of Limitation Act to condone the delay of 213 days in depositing balance of sale consideration amount into Court.

(2.) The case of the revision petitioner in brief is that she filed suit against the respondents for specific performance of agreement of sale, dtd. 25/2/2010 and respondents were set exparte on 10/6/2013 and suit was decreed on 14/3/2014 directing the petitioner to deposit balance of sale consideration of Rs.9,62,000.00 with interest @ 18% per annum from 6/5/2010 till the date of passing of decree on the balance sale consideration within one month from the date of the order. The petitioner filed petition praying the Court to condone the delay of 213 days in depositing balance of sale consideration together with interest on the ground that she shifted her residence and she was suffering from jaundice and after she recovered when she approached her counsel, she came to know about passing of decree and about deposit of sale consideration due to that she failed to deposit sale consideration within 30 days as directed by the Court due to that delay of 213 days occurred and sought permission to deposit balance of sale consideration amount by condoning the delay.

(3.) The respondents not chosen to contest the petition before the trial Court.