No. 6 of CPC : No. 6: APPLICATION FOR EXECUTION OF DECREE
CPC
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Explanation using Example
Example 1:
In the Court of District Judge, Mumbai
I, Rajesh Kumar, decree-holder, hereby apply for execution of the decree herein-below set forth:
| No. of Suit | Names of parties | Date of Decree | Whether any appeal preferred from decree | Payment of adjustment made if any | Previous application, if any, with date and result | Amount with interest due upon the decree or other relief granted thereby together with particulars of any cross decree | Amount of costs, if any, awarded | Against whom to be executed | Mode in which the assistance of the Court is required |
|---|---|---|---|---|---|---|---|---|---|
| 123 of 2020 | Rajesh Kumar - Plaintiff | ||||||||
| Sunil Sharma - Defendant | January 15, 2021 | No. | None | Rs. 1,00,000 recorded on application, dated the 10th February, 2021 | Rs. 5,00,000 principal interest at 8 per cent, per annum, from date of decree till payment. |
- Rs. a. p
- As awarded in the decree 10,000
- Subsequently incurred 2,000
- Total 12,000
| Against the defendant Sunil Sharma | When attachment and sale of movable property is sought.
I Pray that the total amount of Rs. 5,12,000 together with interest on the principal sum up to date of payment and the cost of taking out this execution, be realised by attachment and sale of defendant's movable property as per annexed list and paid to me.
When attachment and sale of immovable property is sought.
I Pray that the total amount of Rs. 5,12,000 together with interest on the principal sum up to date of payment and the cost of taking out this execution, be realised by the attachment and sale of defendant's immovable property specified at the foot of this application and paid to me.
I Rajesh Kumar declare that what is stated herein is true to the best of my knowledge and belief.
Signed, Rajesh Kumar.
Dated the 20th day of March 2021
When attachment and sale of immovable property is sought.
Description and specification of property
The undivided one-third share of the judgment-debtor in a house situated in the village of Andheri, value Rs. 1,50,000, and bounded as follows:
- East by Ramesh's house
- West by Suresh's house
- South by public road
- North by private lane and Mahesh's house
I Rajesh Kumar declare that what is stated in the above description is true to the best of my knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified.
Signed, Rajesh Kumar.
Example 2:
In the Court of Civil Judge, Delhi
I, Priya Sharma, decree-holder, hereby apply for execution of the decree herein-below set forth:
| No. of Suit | Names of parties | Date of Decree | Whether any appeal preferred from decree | Payment of adjustment made if any | Previous application, if any, with date and result | Amount with interest due upon the decree or other relief granted thereby together with particulars of any cross decree | Amount of costs, if any, awarded | Against whom to be executed | Mode in which the assistance of the Court is required |
|---|---|---|---|---|---|---|---|---|---|
| 456 of 2019 | Priya Sharma - Plaintiff | ||||||||
| Anil Verma - Defendant | March 20, 2020 | No. | None | Rs. 50,000 recorded on application, dated the 5th April, 2020 | Rs. 2,00,000 principal interest at 7 per cent, per annum, from date of decree till payment. |
- Rs. a. p
- As awarded in the decree 5,000
- Subsequently incurred 1,000
- Total 6,000
| Against the defendant Anil Verma | When attachment and sale of movable property is sought.
I Pray that the total amount of Rs. 2,06,000 together with interest on the principal sum up to date of payment and the cost of taking out this execution, be realised by attachment and sale of defendant's movable property as per annexed list and paid to me.
When attachment and sale of immovable property is sought.
I Pray that the total amount of Rs. 2,06,000 together with interest on the principal sum up to date of payment and the cost of taking out this execution, be realised by the attachment and sale of defendant's immovable property specified at the foot of this application and paid to me.
I Priya Sharma declare that what is stated herein is true to the best of my knowledge and belief.
Signed, Priya Sharma.
Dated the 15th day of May 2020
When attachment and sale of immovable property is sought.
Description and specification of property
The undivided one-third share of the judgment-debtor in a house situated in the village of Rohini, value Rs. 80,000, and bounded as follows:
- East by Neha's house
- West by Rohan's house
- South by public road
- North by private lane and Karan's house
I Priya Sharma declare that what is stated in the above description is true to the best of my knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified.
Signed, Priya Sharma.
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