very suit for redemption unless the mortgage be by conditional sale. A decree for foreclosure can be passed only in the case of conditional mortgages ... except in the case of mortgages by conditional sale and English mortgages there shall be a decree for sale only and not for foreclosure
take the balance in satisfaction of his decree amount.
3. Until the whole amount of the decree is satisfied according to the agreement mentioned above ... aforesaid decree and from recovering from us personally by taking execution for the aforesaid decree amount in accordance with the conditions of the said decree
passed on 19-1-1949 directing the decree to be set aside on certain conditions; that Rs. 25 was to be paid ... payment of the damages or to pass a fresh conditional order setting aside the decree upon terms, the original order having become inoperative. That
decree is the existence of a preliminary decree which has become conclusive between the parties. When an appeal has been preferred, it is the decree ... decree. How are the costs recoverable except under the decree of the High Court?
27. If the principle applicable to non-compliance of conditions
pass a final decree for other than the preliminary decree for redemption of usufructuary mortgage, starts running and continues to run its course from ... begins to run until deposit is made though there is a conditional preliminary decree and default was committed by the mortgagor for compliance thereof
contented that respondent failed to comply the terms and
conditions laid down in the decree, hence petitioner is
forced to file petition for visitation right ... with the father as per the
terms and conditions of the decree, respondent never stand
on the way of the petitioner to visit the child
proved (after his claim against the decree-holder was finally determined) that on balance, he owed the decree-holder less than the decretal ... Rule 29 CPC , to stay the execution of the decree, the following conditions must be satisfied viz.:
a)there must be simultaneous proceedings
suit, to set aside the exparte decree, which was dismissed, for non compliance of certain conditions ... After the dismissal of the petition to set aside the exparte decree, the decree holder filed E.P. No. 49/95, which was opposed
Full Bench was whether there can be a decree for
specific performance subject to certain conditions or subject to the grant of
exemption. The referring ... also exempted the grant of decree for
specific performance conditionally, if the conditions form part of the
agreement, which is the case in the case
liberal in condoning the delay, especially when the decree is a compromise decree. Even assuming that the delay has caused inconvenience to the judgment-debtor ... have taken into account that the decree to be executed is a compromise decree, which stipulated several conditions to be complied with. The payment