No.7F Final Decree in a Suit for Foreclosure, Sale or Redemption where the Mortgagor Pays the Amount of the Decree (Order XXXIV, Rules 3, 5 and 8).
This suit coming on this……… day for further consideration and it appearing that on the…………day of………….the mortgagor or……. the same being a person entitled (o redeem, has paid into Court all amounts due to the mortgagee under the preliminary decree dated the……day of…….; It is hereby ordered and decreed that:-
(i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary decree mentioned in favour of the mortgagor 1[or, as the case may be,……… who has redeemed the property] or an acknowledgment of the payment of the amount due in his favour;
(ii) the mortgagee do bring into Court all documents in his possession and power relating to the mortgaged property in the suit. And it is hereby further ordered and decreed that, upon the mortgagee executing the deed of re-conveyance or acknowledgment in the manner aforesaid,-
(i) the said sum of Rs………… be paid out of Court to the mortgagee;
(ii) the said deeds and documents brought into the Court be delivered out of Court to the mortgagor 1[or the person making the payment] and the mortgagee do, when so required, concur in registering, at the cost of the mortgagor [or other person making the payment], the said deed of re-conveyance or the acknowledgment in the officer of the Sub-registrar of. ……..; and
(iii) [if the mortgagee, plaintiff or defendant, as the case may be, is in possession of the mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in the aforesaid preliminary decree mentioned to the mortgagor 1[or such person as aforesaid who has made the payment.]
1. Words not required to be deleted.
HIGH COURT AMENDMENT
Kerala.-In Appendix D, omit Form No. 7F.