second appeal on the ground that a decree for specific performance of contract cannot be granted even conditionally upon the vendor satisfying certain conditions which ... ready and willing, the Court should have passed the conditional decree for specific performance is far from acceptance, for the reason that the plaintiff
exercised where the act in question is stipulated in a conditional decree has not impressed us. We see no reason to draw a distinction depending ... prayer for extension is in regard to a conditional order or a conditional decree. The heart of the matter is that where the court
force and be subject to the same conditions as an appeal or otherwise as it were a decree.
18. The Hsn'ble Apex Courts ... order passed by the executing Court as a decree subject to the same conditions as to appeal against such decree, a revision petition under section
execution.
Subject to such conditions and limitations as may be prescribed, the Court may, on the application of the decree-holder, order execution ... since the date of the decree, the means to pay the amount of the decree or some substantial part thereof and refuses or neglects
entitled to make an application for final decree at any time before a final decree debarring the plaintiff from all right to redeem the mortgaged ... entitled to apply for a final decree. The right of mortgagee to apply for a final decree is provided in sub-clause (3) of rule
V.Raveendran vs Capt.S.K.Joshua on 25 April, 2014
Author: R.S.Ramanathan
condition precedent for obtaining a decree of specific performance that the plaintiff should comply with all the mandatory conditions as incorporated in the sale agreement ... condition precedent for obtaining a decree of specific performance, the plaintiff should comply with all the mandatory conditions as incorporated in the sale agreement. When
force and be subject to the same conditions as an appeal or otherwise as it were a decree.
18. The Hsn'ble Apex Courts ... order passed by the executing Court as a decree subject to the same conditions as to appeal against such decree, a revision petition under section
respondent / plaintiff. As per the terms and conditions stipulated in Ex.B.11, conditional sale deed, if the sale consideration is repaid on or before ... dispute that the respondent / plaintiff has sought judgment and decree, as per the terms and conditions of the conditional sale deed, Ex.B.11, dated
respondent / plaintiff. As per the terms and conditions stipulated in Ex.B.11, conditional sale deed, if the sale consideration is repaid on or before ... dispute that the respondent / plaintiff has sought judgment and decree, as per the terms and conditions of the conditional sale deed, Ex.B.11, dated
