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2015 Supreme(P&H) 386

K.KANNAN
Manoj s/o Shri Mange Ram – Appellant
Versus
Umesh – Respondent


Advocates:
For the Petitioner:Mr. Arun Jain, Senior Advocate with Mr. Jagdish Manchanda, Advocate.
For the Respondents:Mr. Rishi Pal Rana, Advocate.

JUDGMENT :

Mr. K. Kannan J.: - I. Facts that give place to proposition of law: Whether Court has power to extend time stipulated in compromise decree

1. The legal position that presents itself in this case is whether the period prescribed in a consent decree brought through an Award of the Lok Adalat could be extended by a Court in its jurisdiction. In a suit for specific performance, the parties had entered into a compromise in writing on 31.10.2009 under the terms of which the plaintiff undertook to deposit the balance of sale consideration of Rs. 3,41,84,125/- within five days from 01.02.2010 and would get the sale deed registered. The compromise stipulated that if the amount was not deposited within time, the plaintiff’s claim would be dismissed and the earnest money of Rs. 38 lacs paid at the time of the agreement namely on 4.12.2006 shall stand forfeited. After the award was passed admittedly, the plaintiff did not comply with the terms of the award but instead he moved an application under Section 148 CPC for extension of time of three months for complying with the obligation to deposit the money. The Lok Adalat which had originally passed the Award in terms of the compromise




















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