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SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL WHERIN PROPERTY IS MORTGATED, Study Guides, Projects, Research of Private law

SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL WHERIN PROPERTY IS MORTGATED

Typology: Study Guides, Projects, Research

2024/2025

Uploaded on 06/03/2025

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SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL WHERIN
PROPERTY IS MORTGATED
To,
This security bond on stay of execution of decree by.
WITNESSETH:
That ., the plaintiff in suit no..of, 2000, having sued the defendant in this court, and a
decree having been passed on the day of .., 2000, in favour of the plaintiff, and the
defendant having preferred an appeal from the said decree in the court, the said appeal
is still pending.
Now the plaintiff-decree holder has applied to execute the decree and the defendant has
made an application praying for stay of execution of the said decree and has been called
upon to furnish security. Accordingly, I, ( of my own free will). Stand security to the extent
of Rs. mortgaging the properties specified in the Schedule hereunto annexed and
covenant that if the decree of the first court be reversed or varied by the Appellate Court,
the plaintiff shall restore any property which may be or has been taken in execution of
the said decree and shall duly act in accordance with the decree of the Appellate Court
and shall pay whatever may be payable by him there under, and if he should fail therein
then any amount so payable shall be realized from the properties hereby mortgaged,
and if the proceeds of the sale of the said properties are insufficient to pay the amount
due, I and my legal representatives will be personally liable to pay the balance. To this
effect I execute this security bond this day of .., 2000.
SCHEDULE
(Signed)s/o.of..
WITNESSES BY
1.s/o.of..
2s/o.of.

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SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL WHERIN

PROPERTY IS MORTGATED

To, This security bond on stay of execution of decree by. WITNESSETH: That ., the plaintiff in suit no..of, 2000, having sued the defendant in this court, and a decree having been passed on the day of .., 2000, in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the court, the said appeal is still pending. Now the plaintiff-decree holder has applied to execute the decree and the defendant has made an application praying for stay of execution of the said decree and has been called upon to furnish security. Accordingly, I, ( of my own free will). Stand security to the extent of Rs. mortgaging the properties specified in the Schedule hereunto annexed and covenant that if the decree of the first court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him there under, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this day of .., 2000. SCHEDULE (Signed)s/o.of.. WITNESSES BY 1.s/o.of.. 2s/o.of.