BALOROJ K Vs. B MALLAIAH

JUDGEMENT

(1.) This is an application filed by the respondent seeking time for deposit of the balance of the sale consideration pursuant to the judgment and decree dated 8-4-1994 in S.A.No. 507/90.

(2.) The facts in brief are: A suit was filed for the specific performance of an agreement which was decreed. The defendant went in appeal, which was dismissed by the Addl. District Judge in A.S.No.25/87. He filed a further appeal i.e. Second Appeal No. 507/90. The second appeal was also dismissed.

(3.) The trial Court while decreeing the suit for special performance granted 3 months time form the date of judgment for depositing the balance of sale consideration. The second appeal was dismissed by this Court on 8-4-1994. The original suit was decreed on 6-7-1987. However, while dismissing the second appeal, no time limit was fixed for depositing the balance of sale consideration. The present application is filed stating tha t by oversight, no request was made for granting time to deposit the balance of sale consideration and therefore, he should be permitted to deposit this balance of sale consideration within four weeks from the date of filing of the said application. The said application was filed on 14-9-1995.