IN THE COURT OF LD. METROPOLITAN
MAGISTRATE; (MAHILA COURT) SOUTH-WEST DIST., DWARKA COURTS, NEW DELHI.
EXECUTION No. ______ OF 2024.
IN
COMPLAINT No. MC 178/2018.
IN THE MATTER OF :-
_________________________ :
JUDGMENT HOLDER
VERSUS
___________________________. :
JUDGMENT DEBTOR
INDEX
|
S.NO. |
PARTICULARS |
PAGE NO. |
|
1. |
Memo of Parties. |
|
|
2. |
Execution Petition for
execution of order/judgment dated _____ passed by Ld. Court of Ms. ______; ___________ New Delhi against the
judgment debtor. Alongwith affidavit. |
|
|
3. |
ANNEXURE-A Certified
copy of the order / judgment dated ________ passed by this Hon’ble Court. |
|
|
4. |
Vakalatnama |
|
JUDGMENT HOLDER
Place: Delhi THROUGH
Dated:
___________________
ADVOCATES
_______________________.
Mob.No._____________
Email: _________________
IN THE COURT OF LD. METROPOLITAN
MAGISTRATE; (MAHILA COURT) SOUTH-WEST DIST., DWARKA COURTS, NEW DELHI.
EXECUTION No. ______ OF 2024.
IN
COMPLAINT No. MC _________.
IN THE MATTER OF :-
___________________ :
JUDGMENT HOLDER
VERSUS
_____________________________ : JUDGMENT DEBTOR
MEMO OF PARTIES
________________
____________________. : JUDGMENT HOLDER
VERSUS
___________________________ : JUDGMENT DEBTOR
------------------------------------------------------------------------------------
JUDGMENT HOLDER
Place: Delhi THROUGH
Dated:
__________________________
ADVOCATES
___________________________.
Mob.No_______________
Email: ______________________
IN THE COURT OF LD. METROPOLITAN
MAGISTRATE; (MAHILA COURT) SOUTH-WEST DIST., DWARKA COURTS, NEW DELHI.
EXECUTION No. ______ OF 2024.
IN
COMPLAINT No. MC ______.
IN THE MATTER OF: -
___________________ : JUDGMENT HOLDER
VERSUS
_____________________ : JUDGMENT DEBTOR
EXECUTION
PETITION ON BEHALF OF THE JUDGMENT HOLDER FOR EXECUTION OF ORDER / JUDGEMENT
DATED ________ PASSED BY ____________; LD. _______03; SOUTH-WEST DIST., DWARKA
COURTS, NEW DELHI IN DOMESTIC VIOLENCE COMPLAINT BEARING MC NO._______ UNDER
SECTION 12 OF D.V. ACT.
MOST RESPECTFULLY SHOWETH
:-
The judgment holder for the execution of the interim order
dated _________ the particulars whereof are stated in the column hereunder:-
|
i. |
No. of Complaint |
Complaint No. MC __ (Complaint
under Section 12 of D.V. Act) |
|
ii. |
Name of Parties |
________: JUDGMENT
HOLDER VERSUS __________ Also at;- ____________ : JUDGMENT DEBTOR |
|
iii. |
Date of judgment / Order of which Execution
is sought. |
Judgment / order dated __________
passed by this Hon’ble Court in the above mentioned case. Certified copy of
the order dated ______ is annexed to this petition as Annexure-A. |
|
iv. |
Whether any appeal has
been preferred from the judgment. |
No. The Judgment Debtor has
not filed any appeal / revision against the said order till date. |
|
v. |
Whether any payment has
been made between the parties subsequent to the judgment. |
NO. |
|
vi. |
Whether any previous
application has been made for the execution of the judgment. |
No. |
|
vii. |
Whether the order /
judgment / decree granted any costs and interest. |
No. |
|
viii. |
Amount of complaint / Application
along with interest as per order / judgment or any other relief granted by
the judgment. |
Judgment debtor directed
to pay Rs.______/- per month towards the rent to the Judgment Holder from the
date of occupancy i.e. _______ to _________ which is total in amount of Rs. ________/-. |
|
ix. |
Amount of costs if
allowed by court. |
N/A. |
|
x. |
The name of the entity
against whom execution of the decree is sought. |
Against Judgment Debtor. __________________ |
|
xi. |
The mode which the
assistance of the Court is required. |
By way
of issuance of warrants of
attachment of the salary / assets / movable and immovable properties of the
JDs lying their premises to the satisfaction of the decretal amount, failing
which he may be sent to jail. |
|
xii. |
Whether a certified copy
of the decree is provided. |
Yes. |
1. The judgment-holder respectfully submits that:-
A. That this Hon’ble Court was pleased to pass order in the Complaint
No. MC _________ in favour of the judgment holder vide order dated _________
held that:-
“Accordingly,
the income of Respondent no.1 is taken to be around Rs._______/- per month.
The
Respondent no.1 is directed to pay Rs._________/- per month towards the rent to
the Complainant from the date of occupancy. Accordingly, application of the
Complainant is disposed off with respect to relief of residence.”
B. That there is no stay order from any superior court
against the execution of the order dated ______ passed by this Hon’ble Court.
C. That the Judgment Holder submits that the order under execution
was passed by Ld. Court of Ms. ____; Ld. M.M. (Mahila
Court)-03; South-West
Dist., Dwarka Courts, New 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 order dated ______ nor pay the maintenance amount as granted by
this Hon’ble Court.
P R A Y E R
In view of the aforesaid facts and circumstances, it is,
therefore, most respectfully prayed that this Hon’ble Court may be pleased to
issue warrants of attachment of the Salary / assets / movable and immovable
properties of the Judgment Debtor in favour of the Judgment Holder and against
the Judgment Debtor.
Pass such further order or
orders as this Hon’ble Court may deem fit and proper of the facts and
circumstances of the case, in the interest of justice.
It is prayed accordingly.
JUDGMENT HOLDER
Place: Delhi THROUGH
Dated:
_____________________
ADVOCATES
______New Delhi-110014.
Mob.No________________
Email: __________________
VERIFICATION :-
I, the above-named judgment-holder, do hereby solemnly
affirm and declare that the above execution application is true and correct to
our knowledge and belief. Verified at New Delhi on this ___ day of May, 2024.
JUDGMENT HOLDER
IN THE COURT OF LD. METROPOLITAN
MAGISTRATE; (MAHILA COURT) SOUTH-WEST DIST., DWARKA COURTS, NEW DELHI.
EXECUTION No. ______ OF 2024.
IN
COMPLAINT No. ____/2018.
IN THE MATTER OF :-
_________________ :
JUDGMENT HOLDER
VERSUS
________________________ : JUDGMENT DEBTOR
A F F I D A V I T
Affidavit of __________ aged about _____ , D/o ____________, New Delhi, do hereby solemnly affirm and declare as
under :-
1. That I am the Judgment
Holder in the above noted matter and well conversant with the facts of the case
and also competent to swear the present affidavit.
2. That the said Interim Order
passed by the Hon’ble Court because as per the knowledge of the deponent.
However, same was allowed the interim application vide order dated ______.
Further the interim order passed by this Hon’ble Court is executable against
the Judgment Debtor as no order of stay or any other interim order has been
passed by any of the Courts of law against the said judgment / order dated _______
nor the deponent is having any knowledge about the passing of the same.
3. That the contents of the
accompanying execution petition have been drafted by my Counsel as per my
instructions and the contents of the same have been duly read and understood by
me and after fully understanding the contents of the same, I hereby state that
the facts stated therein are all true and correct to my knowledge. The facts
stated therein may kindly be read as part and parcel of the present affidavit
also as the contents of the same have not been reproduced herein for the sake
of brevity.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ____ day of May, 2024 that the
contents of my above affidavit are true and correct to my knowledge, no part of
it is false and nothing material has been concealed therefrom.
DEPONENT