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B. V. NAGARATHNA, UJJAL BHUYAN
Sanjay Shivshankar Chitkote – Appellant
Versus
Bhanudas Dadarao Bokade (Died) Through L. Rs. – Respondent
ORDER :
Leave granted.
2. A suit for specific performance of an agreement to sell dated 16.03.2010 was filed in Special Civil Suit No. 217/2010 before the Court of Civil Judge (Senior Division), Latur. The said suit was decreed by judgment and degree dated 16.04.2016. Nevertheless, the said decree was assailed by the plaintiff/appellant who had succeeded in the suit in First Appeal No.3691/2016, which was disposed of by the High Court. Thereafter the execution proceedings were initiated by the appellant herein before the concerned Executing Court. During the pendency of the said proceedings, applications were filed from time to time seeking permission to deposit the balance sale consideration in the very execution proceedings. Four such applications were allowed by the Executing Court. These applications were allowed on 02.02.2021, 08.03.2021, 25.03.2021 and 02.04.2021.
3. In respect of the application filed thereafter by order dated 28.06.2021, notice was issued to the respondent-defendant to file objections on the same. During the pendency of the consideration of the fifth application, seeking permission to deposit the balance consideration amount on 08.07.2021, the respondent-defe
Applications for rescission of specific performance decrees must be filed in the original suit, not in execution proceedings, as per Section 28 of the Specific Relief Act.
Applications for rescission of contracts must be made in the same suit where the decree was issued, not in execution proceedings.
The executing court retains jurisdiction to extend time for compliance with a decree for specific performance, even amidst an application for rescission, particularly when the judgment debtor's inact....
(1) Rescission of contract – While granting relief of extension, it was open for Court to balance equities by putting decree holder to such terms as may adequately compensate judgment debtor for dela....
Section 28 of the Specific Relief Act provides the vendor with a statutory right to apply for rescission of the contract if the purchaser fails to pay the amount within the period allowed by the cour....
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