CAV ORDER

This writ petition is filed challenging the order dated 31.08.2017 passed by the II Additional Senior Civil Judge, Bengaluru, on an application filed under Section 28 (1) of the Specific Relief Act , 1963, in O.S.No.259/2001.

2. Heard.

3. Sri.T.Seshagiri Rao, learned counsel for the petitioners makes the following submissions:

(1) The respondent-plaintiff filed a suit for specific performance of the agreements of sale dated 28.03.1999 and 27.11.2000. The petitioner-defendant conceded the prayer for passing of the decree. The defendant filed a memo to decree the suit by directing the plaintiff to get the sale deed executed within thirty days by paying the balance sale consideration. The suit came to be decreed conditionally by directing the defendant to execute the registered sale deed in respect of the suit schedule property after receiving the balance amount of sale consideration as per the agreements within two months from the date of decree.

(2) The plaintiff could not come forward to pay the balance sale consideration as per the decree and did not get the sale deed registered. The defendant issued a legal notice on 02.09.2004 calling upon the plaintiff to perform his obl