Legal Formats

EXECUTION PETITION FORMAT

(EXECUTION PETITION FORMAT)

IN THE COURT DISTRICT AND SESSION JUDGE, TIS HAZARI COURTS

             EXECUTION CASE NO.   …………….. / 2025

ABC                                                                …………………….DECREE HOLDER

VS

XYZ                                                               …………………….JUDGEMENT DEBTOR

The Decree Holder prays for execution of the Decree the particulars where of are stated in the column hereunder.                                     

1.No. of SuitDecree dated xx/xx/xxxxx
2.Name of partiesABC……………..DECREE HOLDER VS XYZ ……………..JUDGMENT DEBTOR                              
3.Date of Decree/Order of which execution is soughtJudgment & Decree dated xx/xx/xxxx. Copy of decree has already been served to the Judgment Debtor.
4.Whether an appeal was filed against the decree/order under executionNo appeal has been filed to the knowledge of the Decree Holder
5.Whether any payment has been received towards satisfaction of decree orderNo
6.Whether any application was made previous to this and if so their dates and results.No

The Decree Holder humble prays that :

The Hon’ble Additional District Judge was pleased to pass decree in the sum of Rs.XXXX  with further intrest @ 9% P. A. From xx/xx/xxxx on the said amount of  xxxx till the payment is received or recovered. It is submitted  that till date no payment has been received by the Decree Holders and as such all the Judgment Debtors are jointly and severally liable to pay the amount as per H.P. agreement. The Judgment Debtors  have failed to pay the amount despite copy of the award having been sent to them.

It is therefore, prayed that Decree may be executed :

(A) By attachment of all the movable properties wherever it may be situated by issuing a Warrant against the Judgment Debtors and to sell the same to recover the decreed amount and cost of the proceedings as per list of movable & immovable property of the Judgment Debtors.

(B) By attachment of the immovable properties of the opponents wherever it may be situated by issuing a Warrant of attachment against the Opponents and to sell the same to recover the decreed amount and cost of the proceedings as per list of movable & immovable property of the Judgment Debtors.

(C) Pending hearing and disposal of this application, the opponents be restrained from selling,         alienating or disposing off or creating third party rights over his all the movable and immovable properties.

(D) By Civil arrest warrant against the Judgment Debtors

(D) Cost of this application be awarded.

            Any other relief that may be deem fit and proper be granted.

        DECREE HOLDER

                                  THROUGH

                                        ADVOCATE

DATED: .

PLACE:

I, XXXXX , Authorised Representative of Decree Holder, verify that the contents of this application are true to my knowledge or belief.

             DECREE HOLDER

                                                      THROUGH

                                                          ADVOCATE

DATED:

PLACE:

NOTE: Execution Petition has to accompanied with Memo of Parties and List of movable and immovable properties.

____________________________________________________________

Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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