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Siddhi Agarwal (Owner)     05 April 2011

Procedure for execution petition ?

I need to file an Execution Petition in a matter related to my father's properties and have obtained Decree from City Civil Court, Dindoshi at Mumbai. Due to the fact that I am an educated retired person with no regular income I intend to do it ony own and therefore will appreciate if forum members can give me the procedurre to be followed in details and help me out of the issue.



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 6 Replies


(Guest)

Refer Order 21 of Civil Procedure Code, 1908 for the procedure of execution.

Lalitha R (ADVOCATE)     09 April 2011

An application for execution shall be in Form No. 6 of Appendix E to the First Schedule.(Civil Procedure Code 1908).

But even if the application is not in the proper form the defect is not vital or material.

If you are intending to do it by yourself then make a detailed study of Order 21 of Civil procedure code 1908.

Anyway if u feel tired of all these then consult a lawyer.

Siddhi Agarwal (Owner)     09 April 2011

Advocate Lalitha, Thanks for your post. Are you based in Mumbai ?

Neville Fulwadiwala (CEO)     11 April 2011

For Execution procedures you need to approach the Sheriffs office at the Sessions Court Building on the ground Floor.You will be guided by the staff there with all documentation and procedures.

Advocate Neville.M.F

Siddhi Agarwal (Owner)     20 April 2011

Mr. Neville, Thanks for information. I did visit the Sherrif's office but the staf was not helpful it only proves that Nothing works in this country san money which I have fully exhausted. Any way thanks again.


(Guest)

 

Here is an application of an execution  of decree.

No. 6

Application for Execution of Decree

(0.21.R. 11)

 

In the Court of

 

I....... decree-holder, hereby apply for execution of the decree herein-below set forth:

 

Table no. 6 link

 

 

 

I....... declare that what is stated herein is true to the best of my knowledge and belief.

 

Signed.................... decree-holder

 

Dated the ......... day of....... 19 .....

 

[When attachment and sale of immovable property is sought.]

Descripttion and specification of property

 

The undivided one-third share of the judgment-debtor in a house situated in the village of....... value Rs. 40, and bounded as follows :-

 

East by G's house; west by H's house; south by public road; north by private lane and J's house.

 

I....... declare that what is stated in the above descripttion 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............... decree-holder


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