erroneous and even if permissions
under these Sections were not obtained, conditional
decree for specific performance of contract could have
been granted. He further contended ... answering the second question referred, the Full Bench
held that a conditional decree for specific performance
subject to exemption being obtained
matter with specific direction to the Execution Court and passed a conditional decree on 25.02.1981. The said order was misunderstood by the trial court that ... remand, the suit was decreed to that extent and a conditional decree was passed.
13. The learned counsel appearing for the appellants / plaintiffs would also
defendants/respondents and it was averred that since it was conditional
decree, therefore, the time could not be enlarged. The trial court dismissed
the application ... prayer for
extension is in regard to a conditional order or a conditional
decree. The heart of the matter is that where the Court
judge of Execution Court has held that
compromise decree is a conditional decree. The petitioners
(decree holders) have failed to perform their part of
obligations ... Court shall be to execute the
decree and not to frustrate the decree, unless the decree
sought to be executed is a nullity
decree dated 18.3.1980. In the plaint the terms and conditions of the
compromise decree has been quoted which is being reproduced
hereinbelow:
"(i) That ... contract.
According to the learned counsel in the terms and conditions of the
compromise decree it was specifically mentioned that the cost of
registration
prayer for extension is in regard to a conditional order or a conditional decree and the heart of the matter is that where the Court ... prayer for extension is in regard to a conditional order or a conditional decree and the heart of the matter is that where the Court
Decree holder on merits and the application filed by the Decree holder was dismissed on the ground that after passing of the decree, the Court ... Court has the discretion to extend time for compliance of the conditional decree as mentioned in the decree for specific performance."
7. Further
manner. If, therefore, a decree is clear and unconditional the executing Court cannot on any basis make the decree conditional or hold that ... account the decree of the High Court confirming the decree of the District Court was without jurisdiction. The Court executing the decree rejected the contention
evidence adduced before it, the learned trial Judge had passed a conditional decree in favour of the plaintiff.
6. Aggrieved against the said judgment ... courts below, whereas the trial court had granted a conditional decree. He would also submit in his argument that while the trial court has given
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
