अंमलबजावणी याचिका

IN THE [court_name] EXECUTION PETITION NO. ________ OF 20____ IN SUIT/CASE NO. [original_case_number] IN THE MATTER OF: [decree_holder] [decree_holder_address] ... DECREE HOLDER VERSUS [judgment_debtor] [judgment_debtor_address] ... JUDGMENT DEBTOR PETITION UNDER SECTION 51 READ WITH ORDER XXI OF THE CODE OF CIVIL PROCEDURE, 1908 FOR EXECUTION OF DECREE MOST RESPECTFULLY SHOWETH: 1. PARTICULARS UNDER ORDER XXI RULE 11(2) OF THE CODE OF CIVIL PROCEDURE, 1908 (a) Number of the suit: [original_case_number] (b) Names of the parties: [decree_holder] (Decree Holder) versus [judgment_debtor] (Judgment Debtor) (c) Date of the decree: [decree_date] (d) Whether any appeal has been preferred from the decree, and any stay: [appeal_status] (e) Payment or other adjustment made between the parties after the decree, if any: [amount_realised] (f) Previous applications for execution of the decree, with their dates and results: [previous_execution] (g) Amount due upon the decree: Rs. [decretal_amount] Interest due, if any: [interest_due] Particulars of any cross-decree: [cross_decree] (h) Costs awarded, if any: Rs. [costs_awarded] (i) Person against whom execution is sought: [judgment_debtor] [judgment_debtor_address] (j) Mode in which the assistance of the Court is required: as stated in paragraph 4 below. 2. THE DECREE 2.1 A decree dated [decree_date] was passed in Suit/Case No. [original_case_number] in favour of the Decree Holder and against the Judgment Debtor. A certified copy of the decree is filed with this petition. 2.2 The decree directed as follows: [decree_terms] 3. THE DECREE REMAINS UNSATISFIED The Judgment Debtor has not satisfied the decree, which remains unsatisfied to the extent stated in paragraph 1 above. To the knowledge of the Decree Holder, there is no order of any court staying execution of the decree. 4. MODE OF EXECUTION SOUGHT The Decree Holder seeks execution in the following manner: [mode_of_execution] Section 51 of the Code of Civil Procedure, 1908 empowers the Court to order execution by delivery of any property specifically decreed, by attachment and sale of property, by arrest and detention in prison subject to the conditions in the proviso, by appointing a receiver, or in such other manner as the nature of the relief requires. 5. PROPERTY SOUGHT TO BE ATTACHED (where attachment is sought) [property_details] Where property is described above, the Decree Holder states, to the best of the Decree Holder's belief and so far as the Decree Holder has been able to ascertain, that it belongs to the Judgment Debtor and is not exempt from attachment under Section 60 of the Code. 6. LIMITATION The present petition is filed within twelve years from the date on which the decree became enforceable, as prescribed by Article 136 of the Limitation Act, 1963, and is therefore within time. 7. JURISDICTION This Hon'ble Court passed the decree / The decree has been transferred to this Hon'ble Court for execution by order dated ______________ (strike out whichever does not apply), and this Hon'ble Court is competent to execute it. 8. That this petition is made bona fide and in the interests of justice. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Order execution of the decree dated [decree_date] in the manner set out in paragraph 4 above; (b) Issue notice to the Judgment Debtor to show cause why the decree should not be executed; (c) Where attachment is sought, direct attachment and sale of the property described in paragraph 5 above, and apply the sale proceeds towards satisfaction of the decree; (d) Award the costs of this execution petition; and (e) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE DECREE HOLDER SHALL EVER PRAY. Place: ______________ Date: [filing_date] [decree_holder] DECREE HOLDER Through ______________________ ADVOCATE VERIFICATION I, [decree_holder], the Decree Holder above named, do hereby verify that the contents of paragraphs ______ to ______ of this petition are true to my personal knowledge, and the contents of paragraphs ______ to ______ are based on information received and believed by me to be true. Verified at ______________ on [filing_date]. [decree_holder] DECREE HOLDER