GURBHEJ SINGH Vs. SATNAM SINGH

JUDGEMENT

(1.) In the present civil revision petition, the challenge is to the order dtd. 6/8/2018 (Annexure P-3) passed by the trial court by which, the application filed by the petitioners-plaintiffs under Sec. 148 of CPC for the extension of time for depositing the amount as the judgment and decree dtd. 20/10/2012 (Annexure P-1) passed by the learned Civil Judge (Sr. Divn.), Tarn Taran, has been dismissed.

(2.) Learned counsel for the petitioners-plaintiffs argues that the late husband of petitioner no. 1, namely, Gurbhej Singh had filed a civil suit for specific performance of an agreement to sell dtd. 18/12/2006 for a land measuring 3 kanals 4 marlas. During the pendency of the said suit, Gurbhej Singh died and the petitioners, who are the legal heirs of Gurbhej Singh, were brought on record. The competent court of law allowed the said suit seeking specific performance on 20/12/2012 and the relevant part of the said order is reproduced as under :

(3.) A bare perusal of the above would show that the sale consideration for the property in question had already been paid by the deceased but as the property was under mortgage with defendant no. 5 for a sum of Rs.1,00,000.00, the trial court while passing the judgment and decree dtd. 20/10/2012 (Annexure P-1) directed that Rs.50,000.00 will be paid by the petitioners-plaintiffs and remaining Rs.50,000.00 to be paid by respondents-defendants no. 1 and 2 out of the said consideration to release the land from mortgage, which money was to go to defendant no. 5, for which, two months' time was granted.