RANJIT SINGH Vs. KULWINDER SINGH

JUDGEMENT

(1.) Petition herein, under Article 227 of Constitution of India is for setting aside the order dtd. 10/3/2021 (Annexure P-4) passed by the learned Executing Court whereby the objections filed by the petitioner /judgment-debtor in the execution of judgment and decree dtd. 24/1/2018 passed in the suit for specific performance have been dismissed.

(2.) Grievance of the petitioner is that despite the clear directions given to the decree-holder as per judgment and decree dtd. 24/1/2018 passed by the trial Court to pay the balance sale consideration to the judgment-debtor/ petitioner within a period of two months, the same was not done and therefore, the decree is not executable inasmuch as the judgment debtor is not required to execute the sale-deed. It is though conceded that the Executing Court had extended the said time for depositing the sale consideration on or before 29/11/2018 vide its order dtd. 14/11/2018. The decree-holder having failed to do so, the Executing Court was not empowered to grant any further extension to deposit the amount even though it did so and the amount was deposited on 18/12/2018 in the Executing Court.

(3.) Having heard learned counsel for the petitioner and on perusal of record appended with the petition, it transpires that the petitioner/ judgment-debtor was to get the sale-deed executed/ registered in favour of the plaintiff/decree-holder within two months from the date of decree after receiving the balance sale consideration from the plaintiff/respondent, failing which the plaintiff/ respondent was given liberty to get the same executed through court. It is not envisaged that on failure to deposit the balance sale consideration within two months, the decree in favour of the plaintiff/ respondent would stand frustrated or the suit would be deemed to be dismissed. Be that as it may, even otherwise in a situation like this, the Court is empowered to extend the time as per the provisions of Sec. 148 CPC, which for ready reference are reproduced herein below:-