Punjab-Haryana High Court
Gurnek Singh vs Balbir Singh on 18 March, 2024
Neutral Citation No:=2024:PHHC:039276
CR-1454-2024 (O&M) -1- 2024:PHHC:039276
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
140 CR-1454-2024 (O&M)
Date of decision:18.03.2024
Gurnek Singh ... Petitioner
Vs.
Balbir Singh ... Respondent
CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR.
Present: Mr. Krishan Singh, Advocate for the petitioner.
...
SUKHVINDER KAUR, J. (ORAL).
1. The instant revision petition has been filed by the
petitioner/defendant/JD against the order dated 14.02.2024 (Annexure P-
6) passed by the Civil Judge, Junior Division, Yamuna Nagar at Jagadhri
vide which the application under Section 148 CPC for extension of time
for depositing the balance sale consideration filed by the
respondent/plaintiff/ DH has been allowed with a further prayer that a
direction be issued to the District Judge, Yamuna Nagar to decide the
application filed by the petitioner for staying of the operation of the
impugned judgment and decree dated 12.02.2020.
2. The material facts required for the purpose of adjudication of
the instant revision petition are that the respondent/plaintiff/DH filed a
suit for possession by way of specific performance of agreement to sell
dated 24.11.2015 executed by the defendant in favour of the plaintiff
which was decreed by the trial Court vide judgment and decree dated
12.02.2020 and the petitioner/defendant was directed to execute the sale
deed in favour of the plaintiff after receiving the remaining amount of sale
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consideration within three months from the date of decree. Aggrieved
against such judgment and decree dated 12.02.2020,
petitioner/defendant/JD filed an appeal before the Appellate Court,
Yamuna Nagar at Jagadhri. During the pendency of the said appeal,
respondent/plaintiff filed an execution application for executing judgment
and decree dated 12.02.2020 before the Executing Court. In the said
execution application, the plaintiff/DH filed an application under Section
148 CPC for extension of time for depositing the balance sale
consideration to the tune of Rs.6,65,625/-, which was allowed by the
Executing Court vide order dated 14.02.2024 and the decree holder was
granted 15 days more time to deposit the amount of Rs.6,65,625/-.
Aggrieved against such order, the petitioner has knocked the doors of this
Court by way of filing of the present revision petition.
3. Learned counsel for the petitioner has contended that as
appeal filed by the petitioner is still pending before the Appellate Court,
so if the respondent/DH would succeed in getting executed the sale deed
of the suit property, then the appeal filed by the petitioner would become
infructuous and has submitted that the order dated 14.12.2024 passed by
the Executing Court may be set aside.
4. I have heard learned counsel for the petitioner at length and
have perused the records.
5. Perusal of the impugned order reveals that the plea taken by
respondent was that earlier the DH could not deposit the balance sale
consideration within the prescribed time period as he remained admitted
in hospital from 04.10.2023 to 14.10.2023 and was further advised bed
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rest for one week from 15.10.2023 to 21.10.2023. The DH also placed on
record certificate issued by doctor of Arya Hospital in this regard. After
considering the same and also the fact that there was no such rider in the
judgment that in the event of non-depositing of amount i.e. balance sale
consideration within the stipulated time of three months, the decree would
have the effect of nullification, the application of the DH for extension of
time under Section 148 CPC was allowed and another time for 15 days was
granted to deposit the amount of balance sale consideration. Section 148
CPC provides for extension of time and which reads as under:
"Where any period is fixed or granted by the Court for
the doing of any act prescribed or allowed by this Code, the
Court may, in its discretion, from time to time, enlarge such
period (not exceeding thirty days in total), even though the
period originally fixed or granted may have expired."
6. In the given circumstances of the present case and after
considering that there was no specific rider in the judgment, the trial Court
has rightly extended the time for depositing the balance sale consideration.
7. Learned counsel for the revision petitioner has not been able to
point out any illegality or irregularity apparent in the impugned order.
8. Being bereft of any merit, the present revision petition is
dismissed.
9. Pending applications, if any, also stand disposed of accordingly.
( SUKHVINDER KAUR )
18.03.2024 JUDGE
harjeet
1. Whether speaking/reasoned? Yes/No
2. Whether reportable? Yes/No
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