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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
Badi Govindan S/o.kunhappa – Appellant
Versus
Dayaroth Arikothan Rohini, D/o. Kunhambu – Respondent
JUDGMENT :
This Writ Petition has been filed by the petitioner, who is the plaintiff in O.S.No.8/2002 on the files of the Sub Court, Thalassery, under Article 227 of the Constitution of India seeking the following reliefs:
“(a) issue a writ of mandamus or any other appropriate writ directing the Sub Judge, Thalassery to restore I.A.No.1966 of 2004 and after verification of the date of deposit with the original challan receipt or conducting such other enquiry from the Bank, pass orders implementing Ext.P1 decree;
and
(b) pass such other orders, as this Hon’ble Court may deem fit to grant in the circumstances of the case.”
2. Heard the learned counsel for the petitioner.
3. The learned counsel for the petitioner pointed out that decree for specific performance of a contract of sale was granted on 09.12.2003 with direction to the petitioner to deposit the balance consideration within a period of three months. Thereafter on 08.03.2004 the petitioner deposited the amount and filed Ext.P2 I.A.No.1966/2004 to appoint a court official to execute the sale deed in respect of the plaint schedule property. But the said petition was dismissed on the finding that deposit was not made within time.
4. Ev
The period for deposit under a decree is calculated based on calendar months, not a fixed number of days, as per the General Clauses Act, 1897.
Courts possess discretion under CPC and the Specific Relief Act to extend deadlines for contract performance, reflecting on claimants' willingness and circumstances surrounding payment delays.
(1) Recession of contract – Moving of application under Section 28 of S.R. Act for rescinding contract for non-compliance of condition is not mandatory rather optional and immaterial – Court is not p....
The Enforcement of a decree depends on timely deposit of balance consideration; the Execution Court retains discretion to grant extensions based on case facts.
Point of Law : Provisions of section 28(1) of the Specific Relief Act, 1963 in light of the provisions of Order XX Rule, 12A of the CPC, and it was held that the provisions of Order XX, Rule 12A mand....
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