Dr Mohd Sabir Khan v. Ramesh Chawla

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 169/2016 DR MOHD SABIR KHAN ..... Appellant Through:

Mr. Anand Shailani, Adv.

versus RAMESH CHAWLA ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 08.04.2019 CM. No. 16138/2019 This is an application filed by the applicant / appellant seeking extension of time of three months for paying the decretal amount. Suffice it to state that the RFA was disposed of on August 28, 2018 granting six months' time up till February 28, 2019 to make payment of the decretal amount that too on the basis of the statement made by the counsel for the appellant. The appellant in Para 2 and 3 of the application has stated as under:

"2. That as per the order dated 28.08.2018 the appellant was supposed to make the payment on or before 28.02.2019, but the Appellant has not received the amount from his brother, as the brother was supposed to give the amount to the appellant towards the share of appellant in the ancestral property, which was sold long back. Now the brother of Appellant is seeking

three months time to pay the amount towards his share in the already sold property. Hence the appellant who is supposed to get the amount from his brother for making further payment in compliance of order dated 28.08.2018 passed by this Hon'ble Court.

3. That the appellant has already explored his sources in order to arrange the amount from his known persons, but he failed to manage the same. Now the Appellant is making prayer to this Hon'ble Court with folded hands to grant him further three months time to pay the decreetal amount."

The above said averments do not inspire confidence. In view of the fact that on the asking of the appellant the time was granted, I do not see any reason to extend the time as was granted by this court while disposing of the appeal.

The application is dismissed.

V. KAMESWAR RAO, J APRIL 08, 2019/jg