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

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 thereunder, and if  he should fail therein  then any amount so payable  shall be realised  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………..

2………s/o……….of………….