IN THE COURT OF SH. XXX; LD. DISTRICT JUDGE; (COMM.)-03, SHAHDARA DISTRICT; KARKARDOOMA COURTS, DELHI.

EXECUTION PETITION NO._______ OF 2023.

IN

C.S. (COMM.) NO. xxx OF 2022.

IN THE MATTER OF:-

XXX                    : DECREE HOLDER

VERSUS

XXX                                                  : JUDGMENT DEBTOR

INDEX

DECREE HOLDER

Place: Delhi          THROUGH

Dated:

XXX(LAW FIRM)

ADVOCATES

Xxx

Mob.No.xxx

Email: xxxxxx

IN THE COURT OF SH. XXX; LD. DISTRICT JUDGE; (COMM.)-03, SHAHDARA DISTRICT; KARKARDOOMA COURTS, DELHI.

EXECUTION PETITION NO._______ OF 2023.

IN

C.S. (COMM.) NO. xxx OF 2022.

IN THE MATTER OF:-

XXX                    : DECREE HOLDER

VERSUS

XXX                                                 : JUDGMENT DEBTOR

MEMO OF PARTIES

SH. XXX

S/o Xxx

R/o Xxx,

Xxx.                                                               : DECREE HOLDER

VERSUS

MR. XXX

S/o Xxx

R/o xxx,

Xxx.                                                           : JUDGMENT DEBTOR

--------------------------------------------------------------------------------------

DECREE HOLDER

Through

Place: New Delhi

Dated:

XXX(LAW FIRM)

ADVOCATES

Xxx

Mob.No.xxx

Email: xxx

IN THE COURT OF SH. XXX; LD. DISTRICT JUDGE; (COMM.)-03, SHAHDARA DISTRICT; KARKARDOOMA COURTS, DELHI.

EXECUTION PETITION NO._______ OF 2023.

IN

C.S. (COMM.) NO. xxx OF 2022.

IN THE MATTER OF:

SH. XXX

S/o Xxx

R/o Xxx,

Xxx.                     : DECREE HOLDER

VERSUS

MR. XXX

S/o Xxx

R/o xxx,

Xxx.                     : JUDGMENT DEBTOR

EXECUTION PETITION UNDER ORDER XXI RULES 30, 32(1) AND 41(1) READ WITH SECTION 151 OF C.P.C. ON BEHALF OF THE DECREE HOLDER FOR EXECUTION OF ORDER / JUDGEMENT / DECREE DATED xxxPASSED BY SH. XXX, LD. DJ-03 (SHAHDARA) KARKARDOOMA COURTS, DELHI IN CS (COMM.) NO.xxx/2022.

The Decree Holder prays for the execution of the Order / judgment the particulars, where are stated in the columns hereunder:-

1.       The judgment-holder respectfully submits that:-

A.      That this Hon’ble Court was pleased to pass judgment in CS (Comm) No. xxx/2022 in favour of the Decree Holder and against the Judgment Debtor vide judgment dated 21.03.2023, the relief granted by this Hon’ble Court is produced hereunder:-

“a)    Defendant is directed to hand over vacant & peaceful possession of tenanted suit property bearing No.xxx, Gandhi Nagar, Delhi to the plaintiff.

b)      Defendant is directed to pay to the plaintiff arrear of rent of Rs.2.16 Lacs along with 9% interest onwards pendent lite till realization.

c)       Defendant is directed to pay to the plaintiff mesne profit for Rs.18,000/- per month for the period of November, 2022 till actual date of eviction of tenanted premises alongwith 9% interest onwards pendent lite till realization.”

B.      That there is no stay order from any superior court against the execution of the order/judgment dated xxxpassed by this Hon’ble Court.

C.      That the Decree Holder submits that the order / judgment under execution was passed by Ld. Court of Sh. Xxx; Ld. DJ-03 (Shahdara), Karkardooma Courts, Delhi and therefore this Hon’ble Court has jurisdiction for the purposes of executing this order.

D.      That the Judgment Debtor has neither comply with the judgment dated xxxnor handed over vacant the subject premises till date.

PRAYER:-

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

A.   Direct the bailiff of this Hon’ble Court to take the possession of the tenanted subject premises bearing No.xxx, Gandhi Nagar, Delhi from the Judgement Debtor and to hand over the peaceful vacant possession of the said premises to the Decree Holder;

B.    Direct the bailiff of this Hon’ble Court to remove belongings of the Judgment Debtor from the subject premises with the help of the local police officials;

C.    Restrain the Judgment Debtor from creating any third party rights in the possession and the title of the portion under their occupation in the subject premises;

D.   Issue warrants of attachment of moveable and immoveable properties of the Judgment Debtor may kindly be issued to realize the decretal amount;

E.    To detain the Judgment Debtor in the civil prison in case the judgment debtor causes any hindrance to the execution of the order passed by this Hon’ble Court;

F.     Any other or such further order(s) as this Hon'ble Court may deem fit and proper, may also be passed.

DECREE HOLDER

Through

Place: New Delhi

Dated:

XXX(LAW FIRM)

ADVOCATES

Xxx

Mob.No.xxx

Email: xxx

VERIFICATION :-

          Verified at New Delhi on this ___, day of April, 2023 that the contents of paragraphs of the execution are true to my knowledge and nothing material or relevant has been concealed therefrom. Last para is prayer before this Hon’ble Court.

DECREE HOLDER

IN THE COURT OF SH. XXX; LD. DISTRICT JUDGE; (COMM.)-03, SHAHDARA DISTRICT; KARKARDOOMA COURTS, DELHI.

EXECUTION PETITION NO._______ OF 2023.

IN

C.S. (COMM.) NO. xxx OF 2022.

IN THE MATTER OF:-

XXX                    : DECREE HOLDER

VERSUS

XXX                                                 : JUDGMENT DEBTOR

AFFIDAVIT

Affidavit of Sh. Xxx  @xx aged about ___ years S/o Sh. Xxx, R/o Xxx, do hereby solemnly affirm and declare as under:-

1.                 That I am the Decree Holder in the above mentioned case and fully conversant with the facts and circumstances of the case and competent to swear the present affidavit.

2.                 That the accompanying execution petition has been drafted by the counsel of decree holder under my instructions. The said contents of are true and correct and the same are not being reproduced herein for the sake of brevity and the same may be treated as part and parcel hereof.

3.                 That there is no stay order from any superior court against the execution of the decree.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ___ day of April, 2023 that the contents of my above affidavit are true and correct to my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF SH. XXX; LD. DISTRICT JUDGE; (COMM.)-03, SHAHDARA DISTRICT; KARKARDOOMA COURTS, DELHI.

EXECUTION PETITION NO._______ OF 2023.

IN

C.S. (COMM.) NO. xxx OF 2022.

IN THE MATTER OF:-

XXX                                                          : DECREE HOLDER

VERSUS

XXX                                                           : JUDGMENT DEBTOR

LIST OF HOUSEHOLD ARTICLES

1.     T.V., Fridge

2.     Washing Machine,

3.     Air Conditioner, computer / laptop.

4.     Bed, chairs, Sofa set,

5.     Desert cooler,

6.     All furnitures, Cubbed,

7.     Kitchen ware, oven, mixer.

8.           Almirah, Inverter,

9.           Fans,

10.       Electrical / Electronic items

11.       Any other article lying in the premises.

DECREE HOLDER

Through

Place: New Delhi

Dated:

XXX(LAW FIRM)

ADVOCATES

Xxx

Mob.No.xxx

Email: xxx