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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
Alati Venkatarama Reddy – Appellant
Versus
Bhagwan Sri Balasai Baba Central Trust – Respondent
ORDER:
NARSING RAO NANDIKONDA, J.
This Civil Revision Petition is filed under Article 227 of Constitution of India being aggrieved by the orders of the learned XV Additional District Judge-cum-XV Metropolitan Sessions Judge-cum-II Additional Family Judge, Kukatpally, R.R. District at Kukatpally vide S.R.No.5990 of 2019 in O.S.No.210 of 2019 wherein the learned Judge permitted the plaintiffs to deposit the balance sale consideration amount into the credit of the suit with immediate effect and subsequently on request, the time was extended and further time was granted from 03.07.2019 to 11.09.2019 for plaintiffs. Being aggrieved by the said order, the present revision petition is filed by the petitioners/plaintiffs.
2. Brief facts of the case are that the petitioners herein are that the plaintiffs have instituted the suit seeking a relief of specific performance of an agreement of sale dated 14.02.2002 with Memorandum of Understanding dated 31.08.2005 executed by and between defendant Nos.1 to 3 herein on one hand and plaintiffs on the other, in the capacity of vendors and vendees. In addition to the above relief, plaintiffs as consequential reliefs, also seek declaration as null and vo
The court ruled that a plaintiff seeking specific performance is not required to deposit balance sale consideration at the suit's inception, emphasizing the necessity of assessing readiness and willi....
The requirement of continuous readiness and willingness for specific performance must be established from the time of agreement to the decree, and mere later deposit does not inherently prejudice the....
A decree for specific performance remains executable if the decree-holder follows court permissions for deposit, despite prior non-compliance; timely objections by judgment debtors are essential to e....
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....
The plaintiff must unconditionally deposit the balance sale consideration, and seeking extension of time must align with the conditions in the sale agreement.
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