Sandeep Kumar, J. – The present application has been filed for quashing of the order dated 24.08.2018 passed by the learned Subordinate Judge, IV, Kaimur at Bhabhua in Execution Case No.02 of 2014, by which he has rejected the application filed by the petitioner under Section 28 of the Specific Relief Act and allowed the application filed by the respondent under Section 148 of the Code of Civil Procedure for extending the date to deposit the rest decreetal amount.

2. The facts of the case are that the respondent-plaintiff filed Title Suit No.22 of 2000 for a decree for specific performance of contract for sale against the petitioner-defendant. In the said suit, it has been contended that on 08.09.1997 a registered agreement was executed by the original defendant-petitioner in favour of the respondent-plaintiff for sale of the suit property for total consideration money of Rs.40,000/-, out of which Rs.25,000/- was paid by the respondent-plaintiff to the petitioner-defendant. On refusal of the original defendant-petitioner to execute the sale deed in accordance with the agreement for sale, the respondent filed the aforesaid Title Suit No. 22 of 2000. The petitioner-defendant contested