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

 

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