Whenever a judgement decree or an order is passed by a court of the competent/original jurisdiction has to be enforced, which is said to be an execution for these kind of enforcement. The person who holds the judgement order or the decree how to make an application to the concerned court for the execution. which shall, as a general rule, be the same court which has passed the same. Sections 36 to 74 read with order XXI CPC Deals with the subject matter of execution. As provided for in section 36 CPC, the provisions relating to the execution of a decree shall, so far as they are applicable, be deemed to apply to the execution of an order. A decree may be executed either by the court to which it is sent for execution. The period of limitation of execution of the decree order or judgement, the concerned party has to file an execution petition in the prescribed format.
Sample format
IN THE COURT OF THE HON’BLE PRINCIPAL JUNIOR CIVIL JUDGE
AT: MEDCHAL
I.P. No: 108 of 2020
In
O.S. No: 108 of 2009
BETWEEN:
R. Kareem
— Plaintiff / Decree Holder (DHR)
AND
S. Ramesh
— Respondent / Judgment Debtor (JDR)
EXECUTION PETITION FILED UNDER ORDER XXI RULE 54 & 64, CPC
May it please Your Honor,
I, the petitioner/decree holder, am submitting this execution petition as per the decree passed in my favor by this Hon’ble Court in O.S. No. 168 of 2009 dated 24/04/2017 against the respondent/defendant/judgment debtor. I hereby apply for the execution of the decree made in O.S. No. 168 of 2009 on the file of this Hon’ble Court as set forth below:
- Suit Number: O.S. No. 168 of 2009
- Name of the Decree Holder:
R. Kareem
S/o R. Bashir,
Aged 29 years,
R/o Kompally, Medchal–Malkajgiri District - Name of the Judgment Debtor:
S. Ramesh
S/o S. Prakash,
Occupation: Business,
R/o Kompally, Medchal–Malkajgiri District - Date of Decree: 24/04/2017
- a) Whether any appeal: NO
b) Any payment or adjustment made after decree: NO
c) Previous application number and result of execution: NO
d) Amount of Decree: ₹40,000/-
e) Amount of Decree Costs Awarded: ₹4,000/-
f) Interest:
• From 29-11-2009 to 24-04-2014 at ₹10,100/- (on ₹40,000 @ 12% p.a. for 4 years, 4 months, 26 days)
• From 24/04/2014 to 25/02/2019 at ₹2,400/- (on ₹40,000 @ 6% p.a. for 4 years, 10 months, 1 day)
g) Total Amount:
Advocate Fee in E.P.: ₹1,100/-
Process Loss: ₹38.00
Miscellaneous: ₹62.60
Total: ₹57,600/-
5. Against Whom to be Executed: Sole Judgment Debtor
6. Made with the Assistance of: The Decree Holder
The decree holder prays that an amount of ₹30,000/- and interest, as per the judgment, is due from the JDR/Defendant from 24/04/2017 till date, and that the judgment debtor has sufficient means — i.e., business items, furniture at his business premises, etc., worth ₹1,00,000 — to pay the decreed amount and the cost of this I.P. to the decree holder.
The above-mentioned properties belong to the JDR/Defendant, who is residing at House No. 11, Kompally Village and Mandal, Medchal–Malkajgiri District.
Hence, the Hon’ble Court may be pleased to order attachment of the above movable properties and direct them to be sold under Order XXI Rule 54 & 64 CPC, with the proceeds paid to the decree holder, and a notice may kindly be issued under Order XXI Rule 22 CPC to the judgment debtor.
Date: 17/08/2019
Place: Kompally
Sd/-
Decree Holder
Sd/-
Advocate for Decree Holder
(Adv. P. Sunil Kumar)
VERIFICATION
I, the above-named decree holder, do hereby declare that the above contents are true and correct to the best of my knowledge and belief.
Date: 17/08/2019
Place: Kompally
Sd/-
Decree Holder
