JUDGMENT :

Amit B. Borkar, J.

1. This case is illustrative of the difficulties, which a decree-holder has to encounter in recovering possession of immovable property in execution, after she has obtained decree of Competent Court. It is one of those cases, by no means rare, in which the execution proceedings have dragged down to inordinate lanes and led to consequent waste of public time and expense to the parties.

2. The crux of the matter involved between the parties is, as to whether the decree passed by the Consumer Court was inexecutable due to non-payment by decree-holder amount specified in the decree, within 30 days from the date of decree.

3. A brief recapitulation of facts would bring the matter in proper perspective for appreciation of issues involved.

On 12.1.1985, respondent no.1 entered into an agreement with the appellant-Developer for purchase of Block No.111 on the first floor of Satyam Apartments, situated at Wardha Road, Dhantoli, Nagpur, for a total consideration of Rs.95,000/-. Respondent no.1-decree-holder paid an amount of Rs.85,000/- to the Developer-appellant, but, in-spite of the said payment, neither Sale Deed was executed in respect of property in dispute nor