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Attachment Application

1) The decree holders, Smt. Renu Mittal & Anr., have filed an execution petition against the judgment debtor, Smt. Ruby, to recover an unpaid decree amount. 2) The decree holders fear that the judgment debtor will abscond or dispose of her assets upon receiving notice of the execution petition, as she has a history of changing addresses to evade court notices. 3) The decree holders are requesting the court to directly issue attachment and sale warrants against the judgment debtor's properties instead of first serving a notice, to prevent further delay and ensure recovery of the decree amount.

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Vishakha Mittal
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6K views4 pages

Attachment Application

1) The decree holders, Smt. Renu Mittal & Anr., have filed an execution petition against the judgment debtor, Smt. Ruby, to recover an unpaid decree amount. 2) The decree holders fear that the judgment debtor will abscond or dispose of her assets upon receiving notice of the execution petition, as she has a history of changing addresses to evade court notices. 3) The decree holders are requesting the court to directly issue attachment and sale warrants against the judgment debtor's properties instead of first serving a notice, to prevent further delay and ensure recovery of the decree amount.

Uploaded by

Vishakha Mittal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HON’BLE COURT OF SH.

HARVINDER SINGH, ASCJ, SHD


DISTRICT, KKD COURTS, DELHI

EXECUTION PETITION NO. 467 of 2019

IN

CIVIL SUIT NO. 737 OF 2019

In the matter of:-

SMT. RENU MITTAL & ANR. Decree Holders

Versus

SMT. RUBY Judgment Debtor

APPLICATION U/S 51 ALONGWITH O XXI R 22(2) OF CPC 1908 ON


BEHALF OF THE DECREE HOLDERS FOR ISSUANCE OF
PROCESS FOR EXECUTION OF DECREE BY ATTACHMENT

MOST RESPECTFULLY SHOWETH:-

1. That the above execution petition is pending for disposal

before this Hon’ble court and fixed for 03.04.2020.

2. That Naib Nazir report was called vide order dated 23.12.2019

and the same was filed on record by Naib Nazir stating that

there is no stay on the above execution petition.

3. That on the last date of hearing 24.01.2020, Hon’ble court was

pleased to issue notice to the JD to furnish the details of her

bank accounts and movable and immovable assets by way of

affidavit.
4. That it is pertinent to mention here that there is an immediate

apprehension of JD to abscond or leave the local limits of the

jurisdiction of this court upon receiving the court notice as she

has number of times changed her address upon receiving the

court summons. On premises of Decree Holders where JD

resides as tenant 30/8 E, Hariom Gali, Khasra no. 410, Vill

Maujpur, East Babarpur, Delhi 32, she wittingly evades

receiving court notice after furnishing of legal notice. The JD

used to partly reside at 30/15, Hariom Gali No.2, Babarpur,

Shahdara, Delhi 32 by depositing Rs. 2,00,000/- as security

money. Thereafter, on receiving court notice, she shifted to 36-

C, Shiv Mandir Gali, Chajjupur, Delhi 32 by depositing Rs.

2,50,000/- as security money where she received summons on

dated 10.07.2019 of Civil Suit for Recovery for which

execution has been sought in this present matter. JD, in a

very fraudulent manner to escape from the court, shifted to

present address House No. 46, Third Floor, Shanti Niwas,

Tagore Gali, Delhi – 32 and dishonestly transferred &

concealed her movable property cash deposited as security

money.

5. That Decree Holders has apprehension that on receiving the

court summons for execution, JD would certainly abscond and

dispose of her movable assets against the interests of the

decree holders.

In these circumstances, it is apprised to the

Hon’ble court that prejudice and delay would be caused


against the interests of the decree holders defeating the ends

of justice in case at the first instance notice is served upon the

JD.

It is therefore most respectfully prayed that this

Hon’ble court may be pleased to pass an appropriate order for

issuance of process for execution of decree by attachment and

sale warrants as per list filed along with execution petition at

the first instance in favour of Decree holders and against

Judgment debtor in the interest of justice.

Decree Holders

Delhi through

Dated 28.01.2020

VISHAKHA MITTAL
Advocate
IN THE HON’BLE COURT OF SH. HARVINDER SINGH, ASCJ, SHD
DISTRICT, KKD COURTS, DELHI

EXECUTION PETITION NO. 467 of 2019

IN

CIVIL SUIT NO. 737 OF 2019

IN THE MATTER OF:-

Smt. Renu Mittal & anr. … Decree Holders

Versus

Smt. Ruby ….Judgment Debtor

LIST OF DOCUMENTS

S.NO. PARTICULARS PAGES

1. CERTIFIED COPIES OF
SERVICE REPORT OF SUMMONS

2. CERTIFIED COPIES OF TWO


RENT AGREEMENTS OF JD

DELHI : DECREE HOLDERS


DATED : 28.01.2020
THROUGH

VISHAKHA MITTAL & ASSOCIATES


ADVOCATES
(O)-1175/E, MAIN ROAD BABARPUR
SHAHDARA, DELHI-110032
(M) 8506880938

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