impugned order and other materials on record. While
passing the conditional decree, the High Court on 4th of May, 2006
directed "that the tenant ... learned senior counsel for the respondent and have
also considered the conditional decree and the application for
extension of time and other materials on record
refusal of the Court to extend the time in
such conditional decree. I have again pointed out above that if there
was a conditional decree ... confronted with the
situation like what obtains in a conditional decree of payment within a
particular period. There is no other clause in the compromise
original plaintiffs,
the executing court passed a conditional decree against
the heirs of the original tenant/ defendant directing
them to deposit Rs.5100/- within thirty ... were was not raised during the
course of trial. The decree is specific and
conditional. The judgment debtor was directed to
deposit the rent within
Supreme Court considered,
that before the plaintiffs are granted decree for ejectment,
the High Court should decide (1) whether the defendant has
customary rights ... lieu of
the defendant's right, and to make a conditional decree for
ejectment, subject to alternative accommodation being provided
to the defendant
allowed. Subject to the fulfilment of the
following conditions, a decree of divorce for dissolution of marriage by mutual consent
solemnized between the appellant ... made clear that the decree is conditional and shall take effect only on payment or
deposit in this Court of the entire sum of rupees
court has the discretion to extend time for compliance of the conditional decree as mentioned in the decree for specific performance. It is true that ... exercised discretion and extended the time to comply with the conditional decree. Accordingly, we do not find any valid and justifiable reason to interfere with
decree executable. In the present case, I find that the
conditional decree is no decree without the condition being satisfied. However, it
cannot be held ... decree
imposes obligations on both sides which are so conditioned that performance by one is
conditional on performance by the other, execution will
passing of decree and Court while passing decree retains control over decree even after passing of decree and the decree for specific performance is described ... decree for specific performance in the nature of preliminary decree and the suit is deemed to be pending even after a grant of such decree
compromise decree dated 09.09.2004. Against the decree, the
judgement debtor did not prefer any appeal and hence the decree
became executable as it exists ... execute the decree as it exists and it cannot go behind the decree. It is
further stated that the allegation that the decree holder
defendants had raised a contention before the civil
court that no decree could be passed on the ground that Smt.Hardeep
Kaur ... argument that, the plaintiff is not an agriculturist,
even then, the conditional decree could be passed.
Besides, this, in the present case the evidence
