already been given possession. The lower appellate court
has granted a conditional decree to the effect that on deposit of
Rs.65,000/- alone, possession
Mohandas vs T.N.S.Mohanan on 10 February, 2012
Bench: Pius C.Kuriakose , A
statutory benefits under Section 28 only. Parties will suffer their
respective costs.
Decree copy will be issued to the appellants only after
ensuring that ... full court fee payable
on the appeal memorandum. While drafting the decree, the
conditions imposed by this court in allowing the MJC will also
order of the High Court confirming the decree for dissolution of
marriage or where the decree was passed by the High Court
dissolving a marriage ... provides for passing a
decree declaring the marriage to be dissolved with effect from the
date of decree, on the motion of both the parties
parte decree in the
suit for specific performance.
5. The impugned orders are set aside and the ex-
parte decree ... this order in case the ex-parte decree is
set aside on compliance with the conditions.
The Civil Revision Petition is disposed of as above
decree debt need be sold under Order XXI Rule 64 of
the Code of Civil Procedure .
(ii) The estimate of both the decree holder ... shall not be sold if he complies with the conditions in
time. The second respondent/decree holder is at liberty to surge
ahead with
aside
the ex parte decree and directed the parties to go for trial on
certain conditions. But, instead of going for trial the matter ... following three conditions are required to be
satisfied: (a) the restitution sought for must be
in respect of the decree or order which had been
terms "decree holder"
and "holder of a decree" can be stated like this. The term "decree holder"
denotes ... decree, either as plaintiff or defendant, and the
following conditions are satisfied:
(a) the decree must be one capable of execution and
(b) the said
desire to dissolve the marriage.
The Family Court refused to grant a decree on the ground that the
appellant is residing with another woman ... parties to approach the Court to get
a decree of divorce by mutual consent. The conditions to be
satisfied under Section 13B of the Hindu
judgment and decree in
A.S. No.109 of 2006 of learned Third Additional Sub Judge,
Kozhikode reversing the judgment and decree of learned First ... judgment and decree of the trial
court in the suit and counter claim.
25. It is seen from the judgment and decree of the trial