Specific Relief Act, 1963–Sec. 28–Code of Civil Procedure, 1908–Order 21–Decree of specific performance with the direction to pay the due consideration amount within two months from the date of judgment–Execution proceedings–Objection that the execution application was filed on 87th day and the balance consideration was not paid even at the time of filing the execution application–Dismissed by the Execution Court–Order set aside by the High Court with view that the Execution Court has no power to extend the time–Non-grant of extension of time cannot be the end of the transaction–The execution has been filed beyond the 60 day period on the 87th day, and therefore, the decree cannot be acted upon, is clearly contrary to law–Delay of 27 days would not strike at the heart of the agreement–The decree of Trial Court would merge with the final decision of the High Court–Impunged judgment passed by the High Court is set aside.
