ORDER:

This Civil Revision Petition is filed by the petitioner under section 115 of Civil Procedure Code (in short CPC) against the Orders passed by the learned I Additional District Judge, Ongole in IA. No.2302 of 2014 in OS.No.38 of 2013, dated 19.01.2015 wherein and whereby the learned trial Judge dismissed the petition filed by the petitioner under Section 5 of Limitation Act to condone the delay of 213 days in depositing balance of sale consideration amount into Court.

2. The case of the revision petitioner in brief is that she filed suit against the respondents for specific performance of agreement of sale, dated 25.02.2010 and respondents were set exparte on 10.06.2013 and suit was decreed on 14.03.2014 directing the petitioner to deposit balance of sale consideration of Rs.9,62,000/- with interest @ 18% per annum from 06.05.2010 till the date of passing of decree on the balance sale consideration within one month from the date of the order. The petitioner filed petition praying the Court to condone the delay of 213 days in depositing balance of sale consideration together with interest on the ground that she shifted her residence and she was suffering from jaundice and after she recovered when she approached her counsel, she came to know about passing of decree and about deposit of sale consideration due to that she failed to deposit sale consideration within 30 days as directed by the Court due to that delay of 213 days occurred and sought permission to deposit balance of sale consideration amount by condoning the delay.

3. The respondents not chosen to contest the petition before the trial Court.

4. After hearing learned counsel for the petitioner, the learned trial Judge dismissed the petition with an observation that after passing of a decree, there is escalation of prices after formation new capital of Andhra Pradesh and there are no bonafides on the part of the petitioner seeking extension of time, and it is also not maintainable.

5. Aggrieved by the Orders passed by the learned trial Judge, the present Civil Revision Petition is filed by the revision petitioner stating that orders of trial Court is illegal, arbitrary and contrary to law and trial Court erred in dismissing the petition filed by her to enlarge the time to deposit the balance of sale consideration without appreciating the facts and circumstances of the case. She submits that as she obtained decree for specific performance, failed to deposit balance of sale consideration as per the decree, due to the circumstances which she explained by her, which were not denied or controverted by the respondents due to that trial Court should have allowed the petition and if time to deposit the balance of sale consideration is not enlarged, she will be put to irreparable loss and hardship though obtained decree for specific performance. She prays to allow the revision petition.

6. I have heard learned counsel for the revision petitioner.

7. Notice sent to the respondents returned unserved, as respondents remained exparte in the suit stage and also in the petition filed before trial Court, this Court proceeded to hear the learned counsel for the revision petitioner.

8. It is the contention of the learned Advocate for the revision petitioner that respondents executed an agreement of sale in favour of the petitioner on 25.02.2010 who agreed to sell the plaint schedule property for Rs.11,62,000/-, out of which the petitioner paid Rs.2,00,000/- and later as respondents failed to receive balance of sale consideration amount, and as they failed to execute registered sale deed, the petitioner filed suit for specific performance, which was decreed in favour of the petitioner on 14.03.2014, wherein the trial Court directed the petitioner to deposit balance of sale consideration of Rs.9,62,000/- with interest @ 18% per annum from the date of agreement of sale till passing of decree within one month, which petitioner failed to deposit due to her illhealth and she also filed medical c