Supreme Court of India · 1996-11-05
MOHD. ABDUL KHADER MOHDKASTIM & ANOTHER vs PAREETHIJ KUNJU SAYEDAHAMMED & OTHERS
- Citation / case number
- SC 1995/64164
- Court
- Supreme Court of India
- Petitioner
- MOHD. ABDUL KHADER MOHDKASTIM & ANOTHER
- Respondent
- PAREETHIJ KUNJU SAYEDAHAMMED & OTHERS
- Author
- SUJATA V. MANOHAR M.M. PUNCHNI
- Bench
- SUJATA V. MANOHAR M.M. PUNCHNI
Judgment text excerpt
The Supreme Court held that under Order 34 Rule 7 of the Code of Civil Procedure, the appellant must deposit the mortgage amount of Rs. 18,000 within six months of the preliminary decree for redemption, despite the decree not specifying a time limit. The Court clarified that the absence of a time frame does not invalidate the decree, and the statutory period applies. The appeal was dismissed, affirming the High Court's decision that the preliminary decree was valid and enforceable.