https://www.taxtmi.com/caselaws?id=199141 An application under Order 34 Rule 5 CPC remains maintainable for redemption until the mortgage sale attains finality in law. Where an appeal against an order refusing to set aside the sale is pending, the sale is not conclusively final merely because the executing court has confirmed it; the appeal continues the proceedings relating to the sale. The mortgagor may therefore deposit the mortgage amount and invoke the last opportunity to redeem before that appeal is finally disposed of. On these facts, the mortgagee's challenge failed and the deposit operated to discharge the mortgage. en-us Tue, 05 Oct 1999 00:00:00 +0530 Wed, 21 Feb 2018 13:25:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199141 An application under Order 34 Rule 5 CPC remains maintainable for redemption until the mortgage sale attains finality in law. Where an appeal against an order refusing to set aside the sale is pending, the sale is not conclusively final merely because the executing court has confirmed it; the appeal continues the proceedings relating to the sale. The mortgagor may therefore deposit the mortgage amount and invoke the last opportunity to redeem before that appeal is finally disposed of. On these facts, the mortgagee's challenge failed and the deposit operated to discharge the mortgage. Case-Laws Indian Laws Tue, 05 Oct 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199141