APPLICATION UNDER ORDER XXI RULE 72 CPC

IN THE HON’BLE COURT OF. _________________, ADJ DELHI,

TIS HAZARI COURTS, DELHI

XXXX ….DECREE HOLDER

VERSUS

XXXX .…JUDGMENT DEBTOR

APPLICATION UNDER ORDER XXI RULE 72 CPC ON BEHALF OF DECREE HOLDER SEEKING PERMISSION TO PARTICIPATE IN AUCTION PROCEEDINGS

MOST RESPECTFULLY SHOWETH:

1. That the Decree Holder filed the present execution petition to execute the Decree dated XX.0X.20XX.

2. That as per the decree dated XX.0X.20XX, the property in question i.e. H.No. _____________________________, has to be auctioned and sale proceeds be distributed among all the legal heirs of XXXX.

3. That as Decree passed by this Hon’ble Court, Decree Holder is entitled for 1/6^th share in the entire Sale proceeds. Copy of list of shares of all legal heirs in Sale proceeds is annexed herewith.

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

5. That the Decree Holder has sufficient fund to purchase the suit property, hence he is entitled to participate in auction proceedings as well as to bid for the suit property.

6. That there is no collusion among the Decree holder and Judgment Debtor as well as there is no malafide intention on the part of the Decree holder.

Delhi Decree Holder/Applicant

Dated: Through

Counsel

IN THE HON’BLE COURT OF.___________________________, ADJ

TIS HAZARI COURTS, DELHI

XXXX ….DECREE HOLDER

VERSUS

XXXX .…JUDGMENT DEBTOR

INDEX

S. NO	PARTICULARS	PAGE NO.	COURT FEE
1	MEMO OF THE PARTIES
2	EXECUTION PETITON ALONG WITH AFFIDAVIT ON BEHALF OF DECREE HOLDER
3	COPY OF FINAL DECREE SHEET
4	COPY OF ORDER JUDGEMENT

DECREE HOLDER

DELHI

DATED THROUGH

COUNSEL

IN THE HON’BLE COURT OF.____________________, ADJ DELHI,

TIS HAZARI COURTS, DELHI

EX.P.NO…………………./20XX

XXXX ….DECREE HOLDER

VERSUS

XXXX .…JUDGMENT DEBTOR

MEMO OF PARTIES

IN THE MATTER OF:

XXXX.

D/O XXX

W/O XXXX

R/O XXXXX ….Decree Holder

Versus

1. XXX

S/O XXXX

R/O XXXXX.

2. XXX

S/o XXXX

R/O XXXXX.

3. XXX

S/o XXXX

R/O XXXXX.

4. XXX

D/o XXXX

R/O XXXXX.

5. XXX

D/o XXXX

R/O XXXXX.

…..Judgment Debtor

IN THE HON’BLE COURT OF _____________________, ADJ DELHI,

TIS HAZARI COURTS, DELHI

EXECUTION NO. ______/20XX

XXXX ….DECREE HOLDER

VERSUS

XXXX …JUDGMENT DEBTOR

EXECUTION PETITION ON BEHALF OF DECREE HOLDER FOR THE EXECUTION OF THE DECREE/ORDER DATED 0X.0X.20XX PASSED TOWARDS THE SUIT OF PARTITION PASSED BY THIS HON’BLE COURT THE PARTICULARS WHEREOF ARE STATED IN THE COLUMN HEREUNDER:-

1	SUIT NO./ CASE NO.	XXXX
2	Name of parties	As per the Title and Memo of the parties
3	Date of Decree/ order for which execution is sought	Order dated 0X.0X.20XX and Decree sheet prepared on XX.XX.20XX
4	Whether an appeal was filed against the decree/order under execution	Yes, an appeal against preliminary decree is pending
5	Whether any payment have been received towards satisfaction of Decree/ order	No
6	Whether any application/ Petition was made previous to this Petition and if yes then its date and result	No
7	Amount of Suit along with the interest as per decree or any other relief granted by the decree	The final decree passed to auction the suit property i.e 2/3^rd portion of property bearing no. XXXX as well as decree for cost of the suit of Rs. XXXXX has also passed
8	Amount of cost if allowed by the Court	Cost of the suit of Rs. XXXXX
9	Against whom the execution is sought	Against Judgment Debtor No.1.
10	In what manner the Court assistance is sought	By the way of auction of Suit Property and issuance of warrants of attachment against the movable properties of J.D as well as warrant of arrest against J.D for recovery of cost of suit.

PRAYER

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

1) Auction the suit property i.e 2/3^rd portion of property bearing no.___________________________.

2) Warrant of attachment for attaching the movable and immovable properties of Judgment Debtor no.1 for cost of the suit of Rs. XXXXX be issued against the Judgment debtors.

3) Issue the arrest warrant against Judgment Debtor No.1 in case of failure of the Judgment debtor to comply the said order of this Hon’ble Court.

4) Any other relief which this Hon’ble Court may deem fit and proper under the circumstances in favor of Decree Holder and against the Judgment Debtor no.1.

DECREE HOLDER

DELHI

DATED THROUGH

COUNSEL

(XXXX & ASSOCIATES)

OFFICE NO. XXXXXXXXXXXX

MOB XXXXXX

VERIFICATION: -

The above-named Decree Holder, does hereby verify that the contents of the application are true to best of my knowledge and belief.

Verified at __________ on this….. day of XX 20XX

DECREE HOLDER

IN THE HON’BLE COURT OF XXXXXXXXX, LD. ADJ,

TIS HAZARI COURTS, DELHI

EXECUTION NO. XX /20XX

In the matter of:

XXXX ….DECREE HOLDER

VERSUS

XXXX …JUDGMENT DEBTOR

AFFIDAVIT

I, XXXX Legal representative of Decree Holder S/O ____________, R/O XXXXXX, do hereby solemnly affirm and declare as under:-

1. That Deponent is LR’s of the Decree Holder in the present execution petition and I am very well conversant with the facts and circumstances of the case and competent to sear the present affidavit.

2. That the accompanying Execution Petition has been drafted by my counsel under my instructions and the contents of the same have been read over to me in vernacular language and understood by me, which are true and correct and the contents of the same be read as part and parcel of this affidavit which are not being repeated herein for the sake of brevity.

3. That I have not received any amount towards the cost of suit in terms of order dated ……………and Judgement Debtor filed an application to amend the grounds .

DEPONENT

VERIFICATION:-

Verified at Delhi on this …. Day of …………………20XX that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed there from and no part of it is false.

DEPONENT

IN THE HON’BLE COURT OF XXXXX, LD. ADJ,

TIS HAZARI COURTS, DELHI

EXECUTION NO. 20XX

In the matter of:

XXXXX ….DECREE HOLDER

VERSUS

XXXXX …JUDGMENT DEBTOR

LIST OF ARTICLES TO BE ATTACHED

DECREE HOLDER

DELHI

DATED THROUGH

COUNSEL

(XXXX & ASSOCIATES)

OFFICE NO. XXXXXXXXXXXX

MOB XXXXXX

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