P. S. BRAHME, J.

( 1 ) HEARD the learned counsel for the parties. Perused the records.

( 2 ) THE order passed by the learned Single Judge in Writ Petition No. 4756 of 2004 on 25th February, 2005 is the subject-matter of challenge in this appeal. The learned Single Judge dismissed the Writ Petition confirming the order dated 4-10-2004 passed by the Joint Civil Judge (Sr. Dn.), Amravati. The learned Joint civil Judge (Sr. Dn.), Amravati vide his order dated 4-10-2004 dismissed the r. M. J. C. No. 33 of 2004 filed by the appellant wherein he has sought for extension of time and R. M. J. C. No. 59 of 2004 filed by respondent No. 1 for rescission of contract came to be allowed.

( 3 ) THE facts which are not in dispute may be stated in brief as follows :-The appellant filed Special Civil Suit No. 69 of 2001 on 30-3-2001 against the respondent No. 1 (sole defendant) for specific performance of contract on the basis of agreement of sale dated 9-2-2001 whereunder the defendant agreed to sell his house property to the appellant. The learned Civil Judge by his judgment and order dated 29-12-2001 decreed the suit and the appellant was directed to pay balance amount of Rs. 72,00,000/- w