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1973 Supreme(Bom) 123

J.R.VIMULDALAL
Bhujangrao Ganpati – Appellant
Versus
Sheshrao Rajaram – Respondent


JUDGMENT - 1. This is an application to revise an order passed by the learned District Judge, Parbhani, reversing the order of Mr. S.Y. Gambhir, Civil Judge (J. D.). Sailu, dated the 30th of August 1969 refusing to grant extension of time under a decree for specific performance on the ground that the Court had no power to do so. It is not necessary for the purpose of this application to state the facts prior to the decree. Suffice it to say that, on the 30th March 1968, a conditional decree for specific performance was passed in favour of the present respondent which was in the following terms :-

"Defendant shall execute a sale deed in respect of the suit land in favour of the plaintiff. The plaintiff shall deposit in Court the costs for the execution and the registration of the sale deed within one month from this date. In case the plaintiff fails to deposit the costs in Court defendant shall excute the sale deed and get it registered. In case of failure of the defendant so to do, plaintiff should be entitled to get the sale deed executed and registered in execution of the decree through Court."

It is an admitted position that the plaintiff (present respondent) failed to make the de





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