IMPORTANT POINT
Execution of Decree – Specific performance – Suit was decreed but balance sale consideration was deposited after disposal of appeal – No stay of execution was granted by appellate court – No time was extended for deposit of amount – Execution petition dismissed being time barred.

GURVINDER SINGH GILL, J.

1. The petitioner (defendant before the lower Court) assails order dated 23.2.2015 passed by learned Civil Judge (Sr. Division), Panchkula whereby his objections filed in execution filed by respondent-plaintiff have been dismissed.

2. A few facts necessary to notice for disposal of this revision petition are respondent-plaintiff filed a civil suit in the Court of Civil Judge (Sr. Division), Panchkula seeking specific performance of agreement dated 8.12.2003 executed by petitioner-defendant Sohan Lal in his favour for sale of land measuring 12 kanals 9 marlas situated in village Billa, Tehsil and District Panchkula averring therein that the petitioner-defendant had agreed to sell the said property for consideration of Rs. 8,35,000/- after accepting earnest amount of Rs. 2,00,000/- and that the last date for execution of the sale deed was fixed as 10th March, 2004. It is further the case of the plaintiff-respondent that another amount of Rs. 50,000/- was paid to the petitioner on 5.3.2004 and subsequently the time for execution of sale-deed was extended upto 8.5.2004 after another amount of Rs. 3,35,000/- was paid by the plaintiff to the defendant on 9.3.2004. Thus, an amount of Rs. 5,85,000/- stood paid to the defendant as on 9.3.2004.

3. It may here also be mentioned that defendant No.1 subsequently sold some part of the suit property in favour of defendant No.6 regarding which a declaration was also sought in the suit to the effect that the said sale deed is not binding on the rights of the plaintiff.

4. The said suit was contested by the defendant but was decreed in favour of the plaintiff-respondent vide judgment and decree dated 20.3.2012. The suit was partly decreed to the extent of the remaining land i.e. the land other than the one which already stood sold vide sale deed dated 24.4.2006. The operative portion of the judgment reads as follows:

“32. …… Resultantly, a decree for possession by way of specific performance of the agreement to sell Ex.P1 dated 8.12.2003 is passed in favour of the plaintiff in respect of the remaining suit land, i.e., except the land of 2 kanals mentioned in sale deed Ex.D3, on making balance sale consideration amount to the L.Rs of defendant No.1, after deducting the consideration of aforesaid 2 kanals land. The L.Rs of the defendant No.1 are directed to execute the sale deed in respect of the remaining suit land within a period of two months from today on receipt of remaining balance sale consideration after deduction of consideration of 2 kanals land and in case of failure of the L.Rs of defendant No.1 to do so, the plaintiff is entitled to get the sale deed executed and registered qua the aforesaid land through the Court agency. …..”

5. The aforesaid judgment and decree dated 20.3.2012 was challenged by the defendant by way of filing an appeal in the Court of Additional District Judge, Panchkula and also by the plaintiff who was aggrieved on account of his suit not having been decreed in toto. Both the said appeals were ultimately dismissed by the learned Additional District Judge, Panchkula vide judgment and decree dated 17.1.2015.

6. The plaintiff had filed an execution application (Annexure P-9) in the Court of learned Civil Judge (Sr. Division), Panchkula on 23.7.2012. An amount of Rs. 1,15,864/- was deposited in the Treasury through E-Challan on 19.2.2015 as would be evident from a copy of the challan annexed as Annexure R-10. The petitioner submitted objections (Annexure P-2) before the executing Court on 19.5.2014 wherein it was inter alia stated that the judgment debtor has already filed an appeal for setting aside judgment dated 20.3.2012. During the course of hearing of the objections it was argued that since the decree holder has not deposited the balance sale consideration within a period of two months from the date of decree that is from 20.3.2012 as was specifically stipulated in the said decree, therefore, the decree had become unexecutable as per