VidhiSangh

Supreme Court of India · 09/05/2022

KISHOR GHANSHYAMSA PARALIKAR (DEAD) versus BALAJI MANDIR SANSTHAN MANGRUL (NATH) AND ANR.

[2022] 3 S.C.R. 553 · 2022 INSC 538

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld extension of time to deposit the balance sale consideration under a compromise decree for specific performance. The decree court retained control and could extend time to prevent manifest injustice. The purchaser had deposited the balance about five days late with permission, and the vendor then executed the sale deed. The High Court’s cancellation was set aside.

Issues

  1. Whether time for payment under a compromise specific-performance decree could be extended.
  2. Whether the trial court’s discretionary extension and rejection of rescission should have been disturbed.

Provisions considered

Held

Result

Appeal allowed; the High Court order was set aside and the trial court’s 11 January 2011 deposit-permission order restored. No costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 553.