Telangana High Court
Smt. S. Ranjitha vs S.Venkat on 13 August, 2024
HON'BLE SRI JUSTICE J. SREENIVAS RAO
CIVIL REVISION PETITION No.207 of 2019
ORDER:
The petitioners filed this Civil Revision Petition aggrieved by the orders passed in I.A.No.488 of 2017 in O.S.No.5 of 2005, dated 06.10.2018, by the learned Senior Civil Judge, Vikarabad, Ranga Reddy District.
2. Heard Sri Peri Prabhakar, learned counsel for the petitioner.
3. Brief facts of the case are that the petitioner filed suit in O.S.No.5 of 2005 on the file of learned Senior Civil Judge, Vikarabad, Ranga Reddy District, seeking specific performance of agreement of sale, dated 06.09.2001, in respect of suit scheduled property i.e. Plot Nos.27 and 28, 2000 sq.yards in Survey Nos.27, 58, 59/A, 59/AA, 59/E, 59/EE situated at Himayathnagar Revenue village, Moinabad Mandal, Ranga Reddy District and the said suit was decreed exparte on 21.01.2011 directing the defendants to jointly execute the registered sale deed within a period of two months in favour of the petitioner by receiving balance sale consideration of Rs.25,000/-. Thereafter, the petitioner filed E.P.No.40 of 2013 seeking 2 enforcement of the decree. Execution Court dismissed the said execution petition on 27.11.2014 holding that the petitioner has not deposited balance sale consideration within the prescribed time as required and there is a delay of two years, seven months and ten days in depositing the balance sale consideration and the same shall not be condoned without there being any petition by the petitioner and without notice of such petition to the J.Dr. 3.1. Thereafter, petitioner filed another application I.A.No.488 of 2017 invoking the provisions of Section 5 of the Limitation Act Read with Section 28(3) of the Specific Relief Act and Section 151 of Code of Civil Procedure, 1908( 'CPC' for brevity) seeking permission to deposit the balance sale consideration amount of Rs.25,000/- by condoning the delay of 2377 days. Learned Senior Civil Judge has dismissed the said application by its order dated 06.10.2018. Aggrieved by the said order, petitioner filed the present revision petition invoking the provisions of Section 115 of CPC.
4. Learned counsel for the petitioner contended that the Court below without properly considering the averments made in the application, erroneously dismissed 3 the application and if the delay is not condoned and the petitioner is not permitted to deposit balance sale consideration, the petitioner will be put to great irreparable loss and hardship and the impugned order passed by the Court below is contrary to law.
5. Having considered the submissions made by learned counsel for the petitioner and after perusal of the material available on record, it reveals that the petitioner has filed suit in O.S.No54 of 2005 for grant of specific performance of agreement of sale, dated 06.09.2001 and the said suit was decreed on 21.01.2011 in favour of the petitioner directing the defendants to execute the registered sale deed within a period of two months from the date of decree in favour of the petitioner by receiving balance sale consideration of Rs.25,000/-.
6. It is pertinent to mention here that if the J.Drs failed to execute the sale deed, the decree holder ought to have deposited the balance sale consideration within the time prescribed in the decree and filed E.P for enforcement of the decree. Without depositing the said amount, within the stipulated time, petitioner filed E.P.No.40 of 2013 and the execution Court dismissed the said E.P. by its order 4 dated 27.11.2014, by giving reasons and the said order has become final. Thereafter, petitioner filed application vide I.A.No.488 of 2017 on 22.09.2017 seeking permission to deposit the balance sale consideration amount pursuant to the decree dated 21.01.2011, by condoning the delay of 2377 days. The Court below has rightly dismissed the said application on 06.10.2018, holding that the petitioner has not given proper reasons for the long delay of 2377 days for depositing the said amount.
7. It is also pertinent to mention here that prior to the said order, E.P.No.40 of 2013, filed by the petitioner was dismissed by the execution Court on 27.11.2014 and the said order has become final. The petitioner has not questioned the above said order.
8. For the foregoing reasons, this Court do not find any illegality or jurisdictional error in the impugned order dated 06.10.2018 passed by the Court below to exercise the jurisdiction under Section 115 of CPC.
9. Accordingly, the Civil Revision Petition is dismissed. No costs.
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As a sequel, miscellaneous petitions, pending if any, shall stand closed.
_____________________________ JUSTICE J. SREENIVAS RAO 13th August, 2024 PSW