Final Decree in Suit for Foreclosure, Sale or Redemption Where The
Mortgagor Pays The Amount of The Decree (Order Xxxiv, Rule 3, 5 And 8)
(Title)
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 to 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 {Words not required to
be deleted} [or as the case may be, who has redeemed the property] or an
acknowledgement 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 acknowledgement in the manner aforesaid,-
i.
the
said sum of Rs. Be put out of Court to the mortgagee;
ii.
the
said deeds and documents brought into the Court be delivered out of Court to
the mortgagor {Words not required to be deleted} [or the person making the
payment] and the mortgagee do, when so required, concur in registering, at the
cost of the mortgagor the said deed of re-conveyance or the acknowledgement in
the office 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 [or such person as aforesaid who has made the payment].