-> A and B got in to an agreement of sale of land.
-> B filed a suit against A for specific performance.
-> Court granted specific performance in favour of B
-> A choose to appeal.
-> B has transferred the decree to C. and C got impleaded himself as responded on the grounds that B did not get his assignment registered and his presence is required in court.
-> As the C is decree holder, A and C got in to out of court settlement the content of the agreement in a nut shell: C pays A in 3 months, if he doesn't land is A's. if A does not register on recieving the payment, C may get the decree passed in compitent court. And A will withdraw his appeal in 1month.
-> After 3 months C could not come up with complete payment. C payed 40% of total consideration after 3 months and taken the original docs of the land. Both parties extended the time for 3 more months.
-> still appeal is not with drawn .
PLEASE GIVE YOUR OPINION ON
-> IS IT NECESSARY TO WITHDRAW APPEAL.
-> IF c DOES NOT PAY WITHIN TIME HOW TO GET DOCS BACK.
->CAN c APPROACH COURT ASK TO CANCEL THE OUT OF SETTLEMENT AS c COULD NOT PAY AS PER AGREEMENT AND AMOUNT CONSIDERED IN DECREE IS VERY LESS COMPARITIVELY.
My query is very long i will be very thnkful for u r time. pls reply