RAMINDER BAKSHI Vs. NARESH KUMAR ARORA

JUDGEMENT

(1.) The present petition lays challenge to the order dated 03.03.2015 (Annexure P-1) passed by the Civil Judge (Junior Division) SAS Nagar, Mohali whereby application filed by the respondent under Section 148 read with Section 151 of the Code of Civil Procedure (in short 'CPC') in regard to extension of time for depositing the balance sale consideration was allowed.

(2.) A brief backdrop of the case is that the respondent filed a suit for specific performance of an agreement to sell qua share of the petitioner in the property bearing No.1696, Phase 3-B2, Mohali. The suit was decreed by the Additional Civil Judge (Senior Division), Mohali vide judgment and decree dated 22.03.2011 and the respondent was directed to deposit balance sale consideration of Rs. 4,90,000/- within a period of one month from the date of judgment. The respondent did not make deposit within the stipulated period rather filed an application dated 03.05.2011 seeking extension of time for permitting him to deposit balance sale consideration in compliance with the decree that has been allowed by the Court below by placing reliance upon judgment of this Court "Harbans Singh Grewal v. Puran Singh (deceased) by his LRs, 1990 98 PunLR 267" .

(3.) As per the allegations in the application filed by the respondent/decree-holder, he did not have knowledge of the direction issued by the Court qua deposit of balance sale consideration within a period of one month. On 01.05.2011, Clerk of his counsel met him (decree-holder) in the market and informed him that the suit has been decreed but did not inform about any such condition of deposit. On 02.05.2011, a copy of the judgment was collected from the Clerk and he came to know about the direction in regard to deposit of the balance sale consideration. He expressed his willingness to pay balance sale consideration along with interest @ 9% per annum from the due date till deposit.