THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No.4923 OF 2002 O R D E R: The revision is filed against the order in I.A.No.351 of 1999 in O.S.No.592 of 1976 on the file of Principal Junior Civil Judge at Vizianagaram to rescind the decree for specific performance dated 24.07.1980 and to direct the respondents to put the petitioners in possession of the petition schedule property. 2. The grounds that were pleaded by the revision petitioners are that the balance of the sale consideration was not deposited and earlier another execution petition was filed and not pressed by the decree-holders and therefore, the contract has to be rescinded. On the other hand, the plea of the decree-holders is that the time was not fixed by the Court and however, in I.A.No.2021 of 1995 the Court was pleased to allow amendment of the decree and fixed one month time, which is said to have been complied with. Consequent on the passing of the said order, the present application is dismissed for rescinding decree. Evidently, under Section 28 of Specific Relief Act rescinding of the decree for specific performance can only be for the default of payment of the money, which was to be paid under the decree. But, however, it does not debar the judgment-debtor to raise any other legal plea open under law about the executability of the decree when the relief for specific performance was claimed. In this case, according to the case of the revision petitioners the decree has to be executed within a period of 12 years and even if the amendment was granted it was only after a period of twelve years. On the other hand, the counsel for the respondents/decree-holders submits that a suit was filed by the judgment-debtors for injunction and orders of injunction were obtained and therefore, that period has to be excluded. These are all the factors to be decided by the executing Court while passing the final order for registration of the sale deed. 3. Therefore, without prejudice to the contentions of both parties to be decided in the execution proceedings about the enforceability of the decree, the revision petition is disposed of as there are no grounds to sustain. There shall be no order as to costs. ________________________ N.R.L.NAGESWARA RAO, J Date: 21-06-2011. INL