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
decree by the execution court. An
amendment of the decree can be permitted only by the court which
passed the decree ... property free from all encumbrances, damages and costs. In the
conditional decree which was passed, deduction was allowed in respect
of the arrears of taxes
suit of the plaintiff/respondents stands dismissed in view
of the conditional decree passed by the learned trial court, in which it was
specially ordered ... file the suit?"
The trial court had undoubtedly passed a conditional decree.
Relevant portion of the lower court judgment is as under
case wherein to pass a
9 OS.NO.958/2015
conditional decree in favour of the plaintiff to the effect that,
in the event ... findings recorded on them, the following
order is passed:
ORDER
A conditional decree is passed in favour
of the plaintiff as under:
1. The suit
aware of the decree dated
01.11.2004 which was a conditional decree subject to deposit of
Rs.49,000/- which was paid to Om Parkash-defendant
Court alone has power to extend the time to
satisfy the conditional decree. When the Trial Court had exercised its
discretion and granted extension ... sale deed dated 20.06.2007 by pointing out that the
decree in this case was a conditional one and self operative in case of non-
compliance
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 ... exercised discretion and
extended the time to comply with the conditional
decree."
13. The facts of Sardar Mohar Singh 's case (supra) were
shall be deemed to be dismissed."
Ex facie, the decree dated 27.11.2006 was
conditional in nature and since the petitioner failed to deposit ... Section 148 of Code of Civil Procedure vis-à-vis the
conditional decree, concluded as thus:
"4. I have heard the learned counsel
decree for
specific performance nor does it become functus
officio. The decree for specific performance is in
the nature of a preliminary decree ... decree for specific
performance is in the nature of a preliminary
decree and the suit is deemed to be pending even
after the decree
suit for specific performance could have easily been filed as a conditional decree can always be passed subject to requisite permissions being obtained ... land in excess of ceiling limit can be filed and a conditional decree can be passed for Specific Performance, subject to exemption being obtained under
