final decree for partition was to be prepared on the decree-holder furnishing stamp paper and it was held that as the decree holder ... execution of a decree is the date when the decree becomes enforceable. It was held that enforceability of a decree is a different concept from
There is no bar against the decree being passed for specific performance and it has also been made conditional subject to the grant of exemption ... wherein it is held that a conditional decree for specific performance subject to exemption being obtained under Section 20 of the Urban Land (Ceiling
decree like any other money decree against the Parties of the Second Part. It is expressly understood between the Parties that the aforesaid money decree ... this Deed is not to be understood or construed as a conditional decree in any manner....."
In Article 5 of the said settlement deed
decree-holder to pay the amount or to perform other conditions mentioned in the decree for specific performance. It also empowers the judgment-debtor ... Court has the discretion to extend time for compliance of the conditional decree as mentioned in the decree for specific performance."
10. The relief
that in such a case the agreement is enforceable and a conditional decree can be passed. Paragraph 11 of the decision of the Full Bench ... situation where that decree may become inoperative. The decree for specific performance may be made conditional on the exemption under Section
under :
a) No reliefs can be granted against the Respondents as no decree was passed against the: said Respondent. Respondent therefore, cannot be added ... their end. The consent decree dated 23rd January, 2001 is a conditional decree. The decretal amount and its assortment is also based upon ascertainment
time of deposit being made by the plaintiff in terms of the decree. Relying on the said decision, it was urged that Section ... pressed into service in extending time in respect of the conditional decree. The revisional Court dismissed the revision holding that the judgment in the case
decree dated 4.10.1997. Moreover, it has been held that the Court which had passed the decree does not lose jurisdiction after the grant of decree ... 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
were a decree, but not being a decree itself. Furthermore, the order is subject to same conditions as to appeal or otherwise ... were a decree without being a decree itself. And since the order is appealable as specifically provided in the rule, it is conditioned
into by the then Trustees and the
respondent decree holder to the effect that terms and
conditions of the said lease would be extended/renewed ... judgment-debtor to pay the amount or to perform the
conditions mentioned in the decree for specific
performance, despite the application for rescission
