Civil suits and plaints

Execution petition with affidavit for auction of property and arrest warrants in a partition decree

0 of 47 blanks filled

IN THE HON'BLE COURT OF Name of ADJ court, ADJ

Court complex name COURTS, DELHI

EX.P. NO. Execution petition number/Year

Decree holder's name….DECREE HOLDER

VERSUS

Judgment debtor's name….JUDGMENT DEBTOR

EXECUTION PETITION

EXECUTION PETITION ON BEHALF OF THE DECREE HOLDER FOR THE EXECUTION OF THE DECREE DATED 0X.0X.Year of decree PASSED IN THE SUIT FOR PARTITION BY THIS HON'BLE COURT, THE PARTICULARS WHEREOF ARE STATED IN THE COLUMN HEREUNDER:-

SUIT NO./ CASE NO.

Suit or case number

Name of parties

As per the title and the Memo of Parties

Date of Decree/ order for which execution is sought

Order dated 0X.0X.Year of decree and decree sheet prepared on Date of decree sheet preparation.Month of decree sheet preparation.Year of decree sheet preparation

Whether an appeal was filed against the decree/ order under execution

Yes, an appeal against the preliminary decree is pending

Whether any payment has been received towards satisfaction of the Decree/ order

Whether any application/ petition was made previous to this petition and, if yes, its date and result

Amount of suit along with interest as per decree or any other relief granted by the decree

The final decree directed the auction of the suit property, i.e., the 2/3rd portion of the property bearing no. Suit property number, and a decree for the cost of the suit of Rs. Decreed cost amount (₹) has also been passed

Amount of cost, if allowed by the Court

Cost of the suit of Rs. Decreed cost amount (₹)

Against whom the execution is sought

Against Judgment Debtor No. 1

In what manner the assistance of the Court is sought

By way of auction of the suit property and issuance of warrants of attachment against the movable properties of the Judgment Debtor, as well as a warrant of arrest against the Judgment Debtor for recovery of the cost of the suit

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-

1)Direct the auction of the suit property, i.e., the 2/3rd portion of the property bearing no. Suit property number;

2)Issue a warrant of attachment of the movable and immovable properties of Judgment Debtor No. 1 towards the cost of the suit of Rs. Decreed cost amount (₹);

3)Issue a warrant of arrest against Judgment Debtor No. 1 in the event of the failure of the Judgment Debtor to comply with the said order of this Hon'ble Court;

4)Pass any other relief which this Hon'ble Court may deem fit and proper under the circumstances of the case, in favour of the Decree Holder and against Judgment Debtor No. 1.

Decree holder's name

DECREE HOLDER

DelhiThrough

DatedCounsel

(Counsel's firm name & ASSOCIATES)

OFFICE NO. Counsel's office number

MOB Counsel's mobile number

VERIFICATION:-

The above-named Decree Holder does hereby verify that the contents of the present petition are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

Verified at Place of verification on this Day of verification day of Month of verification, Year of verification.

DECREE HOLDER

INDEX

S. NO.

PARTICULARS

PAGE NO.

COURT FEE

Memo of Parties

Execution Petition along with affidavit on behalf of the Decree Holder

Copy of the final decree sheet

Copy of the order/ judgment

DECREE HOLDER

Delhi

DatedThrough

Counsel

MEMO OF PARTIES

IN THE HON'BLE COURT OF Name of ADJ court, ADJ, DELHI

Court complex name COURTS, DELHI

EX.P. NO. Execution petition number/Year

Decree holder's name….DECREE HOLDER

VERSUS

Judgment debtor's name….JUDGMENT DEBTOR

IN THE MATTER OF:

Decree holder's name

D/O Decree holder's father's name

W/O Decree holder's husband's name

R/O Decree holder's address….Decree Holder

VERSUS

1.Judgment debtor no. 1's name

S/O Judgment debtor no. 1's father's name

R/O Judgment debtor no. 1's address.

2.Judgment debtor no. 2's name

S/O Judgment debtor no. 2's father's name

R/O Judgment debtor no. 2's address.

3.Judgment debtor no. 3's name

S/O Judgment debtor no. 3's father's name

R/O Judgment debtor no. 3's address.

4.Judgment debtor no. 4's name

D/O Judgment debtor no. 4's father's name

R/O Judgment debtor no. 4's address.

5.Judgment debtor no. 5's name

D/O Judgment debtor no. 5's father's name

R/O Judgment debtor no. 5's address.

….Judgment Debtors

1.That the present execution petition has been filed for the execution of the Decree dated Date of execution direction.0X.Year of decree.

2.That, as per the Decree dated Date of decree.0X.Year of decree, the property in question, i.e., H. No. Suit property house number, is to be auctioned and the sale proceeds are to be distributed among all the legal heirs of Name of deceased whose legal heirs share proceeds.

3.That, in terms of the Decree passed by this Hon'ble Court, the Decree Holder is entitled to a 1/6th share in the entire sale proceeds. A copy of the list of shares of all the legal heirs in the sale proceeds is annexed herewith.

4.That the Decree Holder is willing to purchase the said suit property and seeks permission to bid for the said suit property in the auction proceedings.

5.That the Decree Holder has sufficient funds to purchase the suit property and is therefore entitled to participate in the auction proceedings as well as to bid for the suit property.

6.That there is no collusion between the Decree Holder and the Judgment Debtor, nor is there any mala fide intention on the part of the Decree Holder.

DelhiDecree Holder/ Applicant

DatedThrough

Counsel

IN THE HON'BLE COURT OF Name of ADJ court, LD. ADJ,

Court complex name COURTS, DELHI

EXECUTION NO. Execution number/Year

In the matter of:

Decree holder's name….DECREE HOLDER

VERSUS

Judgment debtor's name….JUDGMENT DEBTOR

AFFIDAVIT

I, Deponent's name, legal representative of the Decree Holder, S/O Deponent's father's name, R/O Deponent's address, do hereby solemnly affirm and declare as under:-

1.That the Deponent is the legal representative of the Decree Holder in the present execution petition, is fully conversant with the facts and circumstances of the case, and is competent to swear the present affidavit.

2.That the accompanying execution petition has been drafted by my counsel under my instructions, and the contents thereof have been read over to me in vernacular and understood by me; the same are true and correct and form part and parcel of this affidavit, and are not being repeated herein for the sake of brevity.

3.That I have not received any amount towards the cost of the suit in terms of the order dated Date of order for cost of suit, and the Judgment Debtor has filed an application to amend the grounds.

DEPONENT

VERIFICATION:-

Verified at Delhi on this Day of verification day of Month of verification, Year of verification, that the contents of the above affidavit are true and correct to the best of my knowledge and belief, nothing material has been concealed therefrom, and no part of it is false.

DEPONENT

IN THE HON'BLE COURT OF Name of ADJ court, LD. ADJ,

Court complex name COURTS, DELHI

EXECUTION NO. Execution number/Year

In the matter of:

Decree holder's name….DECREE HOLDER

VERSUS

Judgment debtor's name….JUDGMENT DEBTOR

LIST OF ARTICLES TO BE ATTACHED

Decree holder's name

DECREE HOLDER

DelhiThrough

DatedCounsel

(Counsel's firm name & ASSOCIATES)

OFFICE NO. Counsel's office number

MOB Counsel's mobile number

IN THE HON'BLE COURT OF Name of ADJ court, ADJ

Court complex name COURTS, DELHI

EX.P. NO. Execution petition number/Year

Decree holder's name….DECREE HOLDER

VERSUS

Judgment debtor's name….JUDGMENT DEBTOR

EXECUTION PETITION

SUIT NO./ CASE NO.

Suit or case number

Name of parties

As per the title and the Memo of Parties

Date of Decree/ order for which execution is sought

Order dated 0X.0X.Year of decree and decree sheet prepared on Date of decree sheet preparation.Month of decree sheet preparation.Year of decree sheet preparation

Whether an appeal was filed against the decree/ order under execution

Yes, an appeal against the preliminary decree is pending

Whether any payment has been received towards satisfaction of the Decree/ order

Whether any application/ petition was made previous to this petition and, if yes, its date and result

Amount of suit along with interest as per decree or any other relief granted by the decree

Amount of cost, if allowed by the Court

Cost of the suit of Rs. Decreed cost amount (₹)

Against whom the execution is sought

Against Judgment Debtor No. 1

In what manner the assistance of the Court is sought

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-

1)Direct the auction of the suit property, i.e., the 2/3rd portion of the property bearing no. Suit property number;

2)Issue a warrant of attachment of the movable and immovable properties of Judgment Debtor No. 1 towards the cost of the suit of Rs. Decreed cost amount (₹);

3)Issue a warrant of arrest against Judgment Debtor No. 1 in the event of the failure of the Judgment Debtor to comply with the said order of this Hon'ble Court;

4)Pass any other relief which this Hon'ble Court may deem fit and proper under the circumstances of the case, in favour of the Decree Holder and against Judgment Debtor No. 1.

Decree holder's name

DECREE HOLDER

DelhiThrough

DatedCounsel

(Counsel's firm name & ASSOCIATES)

OFFICE NO. Counsel's office number

MOB Counsel's mobile number

VERIFICATION:-

Verified at Place of verification on this Day of verification day of Month of verification, Year of verification.

DECREE HOLDER

INDEX

S. NO.

PARTICULARS

PAGE NO.

COURT FEE

Memo of Parties

Execution Petition along with affidavit on behalf of the Decree Holder

Copy of the final decree sheet

Copy of the order/ judgment

DECREE HOLDER

Delhi

DatedThrough

Counsel

MEMO OF PARTIES

IN THE HON'BLE COURT OF Name of ADJ court, ADJ, DELHI

Court complex name COURTS, DELHI

EX.P. NO. Execution petition number/Year

Decree holder's name….DECREE HOLDER

VERSUS

Judgment debtor's name….JUDGMENT DEBTOR

IN THE MATTER OF:

Decree holder's name

D/O Decree holder's father's name

W/O Decree holder's husband's name

R/O Decree holder's address….Decree Holder

VERSUS

1.Judgment debtor no. 1's name

S/O Judgment debtor no. 1's father's name

R/O Judgment debtor no. 1's address.

2.Judgment debtor no. 2's name

S/O Judgment debtor no. 2's father's name

R/O Judgment debtor no. 2's address.

3.Judgment debtor no. 3's name

S/O Judgment debtor no. 3's father's name

R/O Judgment debtor no. 3's address.

4.Judgment debtor no. 4's name

D/O Judgment debtor no. 4's father's name

R/O Judgment debtor no. 4's address.

5.Judgment debtor no. 5's name

D/O Judgment debtor no. 5's father's name

R/O Judgment debtor no. 5's address.

….Judgment Debtors

1.That the present execution petition has been filed for the execution of the Decree dated Date of execution direction.0X.Year of decree.

4.That the Decree Holder is willing to purchase the said suit property and seeks permission to bid for the said suit property in the auction proceedings.

5.That the Decree Holder has sufficient funds to purchase the suit property and is therefore entitled to participate in the auction proceedings as well as to bid for the suit property.

6.That there is no collusion between the Decree Holder and the Judgment Debtor, nor is there any mala fide intention on the part of the Decree Holder.

DelhiDecree Holder/ Applicant

DatedThrough

Counsel

IN THE HON'BLE COURT OF Name of ADJ court, LD. ADJ,

Court complex name COURTS, DELHI

EXECUTION NO. Execution number/Year

In the matter of:

Decree holder's name….DECREE HOLDER

VERSUS

Judgment debtor's name….JUDGMENT DEBTOR

AFFIDAVIT

I, Deponent's name, legal representative of the Decree Holder, S/O Deponent's father's name, R/O Deponent's address, do hereby solemnly affirm and declare as under:-

3.That I have not received any amount towards the cost of the suit in terms of the order dated Date of order for cost of suit, and the Judgment Debtor has filed an application to amend the grounds.

DEPONENT

VERIFICATION:-

DEPONENT

IN THE HON'BLE COURT OF Name of ADJ court, LD. ADJ,

Court complex name COURTS, DELHI

EXECUTION NO. Execution number/Year

In the matter of:

Decree holder's name….DECREE HOLDER

VERSUS

Judgment debtor's name….JUDGMENT DEBTOR

LIST OF ARTICLES TO BE ATTACHED

Decree holder's name

DECREE HOLDER

DelhiThrough

DatedCounsel

(Counsel's firm name & ASSOCIATES)

OFFICE NO. Counsel's office number

MOB Counsel's mobile number

1 / 1

All templates

IN THE COURT OF SH. Name of District Judge, LD. DISTRICT JUDGE (COMMERCIAL COURT), Court district number DIST., Court complex name COURT, DELHI.

CS COMM. NO. Commercial suit number OF 20Suit year.

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

First defendant company name prefix FINANCIAL SERVICES (INDIA) LTD. & ORS.: DEFENDANTS

N.D.O.H.: Next date of hearing

INDEX

S. NO.	PARTICULARS	PAGE NO
1	APPLICATION FOR AND ON BEHALF OF THE APPLICANT / DEFENDANT NO. 1(ii) AND 3 UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF CPC FOR DELETION OF THE NAMES OF DEFENDANT NO. 1(ii) AND 3 FROM THE ARRAY OF PARTIES, ALONG WITH AFFIDAVITS.
2	COPY OF SETTLEMENT AGREEMENT BETWEEN THE PLAINTIFF AND THE DEFENDANTS.

APPLICANT/DEFENDANT NO. 3, DELHI

DATEDTHROUGH

Advocate's name

(ADVOCATE)

Civil suits and plaints

Application under Order 1 Rule 10(2) CPC for deletion of Defendants 1(ii) and 3 from array of parties

IN THE COURT OF Presiding judge's name, LD. ADJ, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI

CS DJ NO. Suit number OF Year of suit filing

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

N.D.O.H.: Date of next hearing (day).Date of next hearing (month).Date of next hearing (year)

APPLICATION UNDER ORDER 37 RULE 3(4) OF THE CODE OF CIVIL PROCEDURE, 1908 FOR SUMMONS FOR JUDGMENT ON BEHALF OF THE APPLICANT / PLAINTIFF

MOST RESPECTFULLY SHOWETH:-

1.That the plaintiff has filed the present suit under Order 37 of the Code of Civil Procedure, 1908 against the defendant before this Hon'ble Court for recovery of a sum of Rs. x,Suit amount (middle digits, ₹),Suit amount (last digits, ₹)/- along with interest and costs. The suit is founded upon a mortgage deed / receipt / acknowledgment executed by the defendant. The contents of the plaint may be read as part and parcel of the present application, as the same are not being reproduced herein for the sake of brevity.

Civil suits and plaints

Application under Order 37 Rule 3(4) CPC for summons for judgment in summary suit

IN THE COURT OF Name of the court

CS SCJ NO. Suit number OF 2023

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendant's name: DEFENDANT

N.D.O.H.: Next date of hearing (day).Next date of hearing (month).2024

APPLICATION ON BEHALF OF THE PLAINTIFF AGAINST THE DEFENDANT UNDER ORDER XII RULE 6 READ WITH SECTION 151 C.P.C.

MOST RESPECTFULLY SHOWETH:

1.That the plaintiff instituted a suit before this Hon'ble Court for recovery of a sum of ₹ Suit recovery amount (₹)/- (Suit recovery amount in words) along with pendentelite and future interest.

2.That the defendant filed his written statement. On a perusal of the written statement, it is found that it contains admissions of facts, namely, that the answering defendant, later in the month of Month of cash payment, paid an amount of ₹ Cash payment amount (₹)/- in cash to the plaintiff at

Civil suits and plaints

Application under Order XII Rule 6 CPC for judgment on admissions in recovery suit

IN THE COURT OF Name and place of the commercial court

COMMERCIAL SUIT NO. Suit number OF Suit year

(UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

Plaintiff firm's name

THROUGH ITS PROPRIETOR

Plaintiff proprietor's name... PLAINTIFF

VERSUS

Defendant firm's name

THROUGH ITS PROPRIETOR Defendant proprietor's name… DEFENDANT

INDEX

S. NO.	PARTICULARS	PAGE NO.
1.	MEMO OF PARTIES
2.	COMMERCIAL CIVIL SUIT UNDER ORDER Order number of CPC OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF RS. Suit recovery amount (₹) PENDENTE LITE AND FUTURE INTEREST
3.	STATEMENT OF TRUTH
4.	LIST OF RELIANCE
5.	LIST OF DOCUMENTS
6.	VAKALATNAMA

DelhiPLAINTIFF

DateThrough,

COUNSEL

Plaintiff's counsel firm name & ASSOCIATES

Office No.: Counsel's office number

Civil suits and plaints

Related templates

Application under Order 1 Rule 10(2) CPC for deletion of Defendants 1(ii) and 3 from array of parties

Application under Order 37 Rule 3(4) CPC for summons for judgment in summary suit

Application under Order XII Rule 6 CPC for judgment on admissions in recovery suit

Commercial suit under Order XXXVII CPC for recovery of money with index, memo of parties and statement of truth