ORDER :

S. ABDUL NAZEER, J.

Leave granted.

2. Delay in filing the application for substitution is condoned and abatement is set aside. The application for substitution is allowed.

3. This appeal is directed against the order dated 30.01.2018 in W.P.NO.1637 of 2016 whereby the High Court of Judicature at Bombay, Nagpur Bench, has allowed the Writ Petition filed by the first respondent-Trust and set aside the orders passed by the Trial Court granting extension of time for depositing the balance of the sale consideration.

4. On 12.03.2007, the appellant herein filed a suit for specific performance of an agreement dated 20.09.2002 executed by the first respondent in his favour for the sale of agricultural land bearing Survey No.3, admeasuring 10 H (Hactor), 50 R (Are) situated at Village Murtizapur, Mangrulpir Taluk, District Washim, State of Maharashtra.

5. During the pendency of the suit, a compromise was arrived at between the parties and accordingly the Trial Court vide Order dated 06.12.2010 decreed the suit in terms of the compromise. As per the compromise decree, the respondent agreed to sell the suit land for a total consideration of Rs.8,78,500/-. The appellant paid a sum of Rs. Rs.