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1988 Supreme(AP) 555

RAMANUJULU NAIDU
P. V. Chalapathi – Appellant
Versus
T. Subba Reddy – Respondent


RAMANUJULU NAIDU, J.

( 1 ) THIS revision petition is preferred against the order passed by thelearned Subordinate Judge, Cuddapah dismissing I. A. 493/87 preferred by the petitioner seeking extension of time for depositing the balance of sale consideration of Rs. 3,91,210/- until 25-7-1987. The material facts giving rise to the above revision petition may be briefly stated.

( 2 ) THE petitioner instituted O. S. No. 62/84 on the file of the Sub-Court, Cuddapah for specific performance of an agreement of sale, dated 6-4-1981 executed in his favour by the respondent. The suit was decreed on 25-6-1987 on condition that the petitioner should deposit into the court the balance of sale consideration of Rs. 3,91,210/- within one month from the date of the decree. In default of deposit of the amount the court directed that the suit would stand dismissed. The petitioner applied for a challan for remittance of the amount into the court on the 20th July, 1987 and was supplied with the same. The petitioner would have it that while he was making arrangements to deposit the amount into the court his brother seriously fell ill, that he was admitted into the Ruia Hospital, Tirupathi for treatment,
















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