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ARVIND SINGH SANGWAN
Kamlesh Kumari – Appellant
Versus
Amit Arya – Respondent
JUDGMENT
Arvind Singh Sangwan, J. - Prayer in this petition is for setting-aside the order dated 20.01.2018 passed by the trial Court vide which the objections filed by the petitioner in the execution petition filed by the respondent, stands dismissed.
2. Brief facts of the case are that the respondent/plaintiff Dr. Amit Arya, filed a suit for specific performance of agreement to sell dated 11.12.2004, by way of execution and registration of a sale deed qua the plot in dispute and further to grant a decree of possession or in the alternative for recovery of an amount of Rs.2.46 lacs with interest @ 18%. The petitioner contested the suit, however, the trial Court decreed the suit vide judgment and decree dated 14.05.2011 and it was directed that the petitioner/judgment-debtor, will execute the sale deed in favour of the respondent/decree-holder on receiving the balance sale consideration of Rs.8.05 lacs as per the agreement dated 11.12.2004, within a period of 02 months from the date of decree, failing which the respondent/decree-holder will be at liberty to get the sale deed executed on deposit of necessary expenses.
3. The petitioner filed an appeal before the Lower Appellate Court,
The time for depositing the balance sale consideration in a decree for specific performance is not automatically extended after the restoration of the judgment. The decree becomes inexecutable if the....
The decree for specific performance remains executable despite delays in deposit of balance sale consideration, provided no rescission is sought by judgment debtors.
The executing court has the authority to extend time for deposit of balance consideration in specific performance cases, but such discretion must be exercised judiciously, taking into account the rea....
(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....
Late deposit of balance sale consideration was justified under the circumstances, observing procedural compliance and bona fide actions of the decree holder.
The court retains jurisdiction to extend time for performance of a decree, but such extensions must be justified and considered alongside applications for rescission to ensure fairness.
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