K C REDDY Vs. BATCHA VASUDEVARAO NAIDU

JUDGEMENT

(1.) This civil revision petition is directed against the order of Senior Civil Judge, Rajam dated 22-2-1999 passed in IA No.9 of 1999 in OS No. 19 of 1997 refusing to grant time for payment as stipulated in the decree passed in the suit.

(2.) During the course of hearing, it was conceded by the learned Counsel appearing for both sides that the decree of the trial Court was passed on the basis of compromise under which a part of the amount claimed in the suit was agreed to be paid by the defendant and accordingly the decree was passed on condition that the said payment of the part of the amount claimed would be within a particular time, namely, on or before 31-1-1999 and failing which the defendant shall be liable to pay the entire amount claimed in the suit.

(3.) Apparently, the petitioner herein failed to pay the amount within the time prescribed in the decree i.e., on or before 31-1-1999. It was under these circumstances, IA No.9 of 1999 was filed before the learned senior Judge for extension of time for payment of the decretal amount. The learned Judge dismissed the petition on the ground that it was a conditional decree and the Court cannot extend the time.