Elahi Sk v. Sofi MD
Case brief
What is this about?
Court allowed revision, set aside order refusing extension for depositing decree consideration, held delay excusable, reinstated execution case subject to payment of additional costs and deposit of balance amount within limits.
What did the court decide?
Impugned order set aside. Title Execution Case to revive upon payment of Rs.5,000/- costs and deposit of Rs.15,454/- within ten days.
What the court decided
Item No. 1 06.07.2023 Court. No. 19 GB
C.O. 837 of 2020
Elahi Sk. & Anr. Vs. Sofi Md. & Ors.
Mr. Partha Pratim Roy
… for the Petitioners.
Affidavit-of-service filed in Court today, be kept with the record.
Despite service, none appears on behalf of the opposite parties. Yesterday also, none appeared on behalf of the opposite parties when the matter was called on. The learned advocate for the opposite parties has also been served. Thus, the revisional application is taken up in the absence of the opposite parties.
The revisional application is filed against an order dated April 10, 2019 by which the learned Civil Judge (Junior Division), Lalbagh refused to extend the time to deposit the consideration amount on the basis of the prayer made by the plaintiffs. The suit for specific performance of contract was decreed in favour of the plaintiffs. The defendants were directed to execute and register the deed of sale in respect of the suit property in favour of the plaintiffs within 45 days from the date of the judgment and to hand over possession of the suit property, if not delivered earlier, failing which, the plaintiffs would be at liberty to put the decree into execution subject to deposit of remaining consideration amount of Rs.15,454/- within 30 days from the date of the judgment.
Issues for consideration
2 issues framed by the court
Whether the court below was right in holding that it could not extend the time for depositing remaining consideration money after the decree was passed.
Whether the explanation for delay in depositing the consideration money by decree-holders was reasonable enough to restore the execution proceedings.
Parties & counsel
- petitioner
Elahi Sk. & Anr.
- respondent
Sofi Md. & Ors.
Coram
Shampa Sarkar
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · July
- Registered
- Case no.
- CO/837/2020
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