ORDER :

Neranahalli Srinivasan Sanjay Gowda, J.

1. Hanumantha Rao filed a suit against his brother Ramrao seeking specific performance of an agreement of sale dated 18.07.1983 in O.S. No. 131/1984 in relation to Sy. No. 8/1 measuring 17 acres 5 guntas situated at Gudur village in Gangavathi Taluka. The said land had agreed to be sold to him for a sum of Rs. 30,825/-, out of which a sum of Rs. 10,000/- had already been paid.

2. The said suit after contest was decreed on 14.07.1986. The operative portion of the said order, reads as under:

" ORDER

The defendant shall execute a registered sale deed in respect of the land bearing R.S. No. 8/1 measuring 17 acres 5 guntas of Gudur Village of Gangavathi Taluk after receipt of the balance consideration amount in pursuance of the suit agreement of sale deed within six months from the date of the decree and failing which the plaintiff is at liberty to get the same executed through Court. The defendant shall pay the costs of the suit of the plaintiff and to bear of his own.

Draw up a preliminary decree accordingly."

3. Thus, as per the decree dated 14.07.1986, Hanumantha Rao, the plaintiff, was required to deposit the balance sale consideration of