IN THE COURT OF CIVIL JUDGE (SR DIV.

) VARANASI
EXECUTION PETITION NO. of 2014

IN THE MATTER OF:

CHANDU LAL KAIN(DECEASED)
THROUGH LEGAL HEIRS
…DECREE HOLDERS

VERSUS

RAJIV GOEL
…JUDGMENT DEBTOR

APPLICATION FOR EXECUTION OF THE DECREE Dt…….. ON

BEHALF OF DECREEHOLDERS

The Decree Holders pray for execution of the judgment and Decree the
particulars whereof are stated in the column hereunder.

1. No. of Suit : Suit No. 393/12

2. Name of Parties : ChanduLalKain (Since Deceased)

THROUGH LEGAL HEIRS
1. Mrs. Jai Rani Prasad (Married

Daughter)

W/o Sh. Durga Prasad,

R/o A-12, MalkaGanj,

Near Gandhi Square,

Opp. Hans Raj College,

Delhi-110 007

2. Sh. ChamanLalKain (Son)

3. Sh. Om Prakash Kain (Son)

Both residing at:

R/o KainBhawan, H.No.2309,

Gali No.5, Mata Santoshi

Chowk, Bihari Colony,

Delhi-110 032

4. Mrs. PremLata (Married

Daughter)

W/o Sh. ChamanLal,

R/o Flat No. - 14,

Park View Appartment,

N.S. Road, Inder Enclave,

Delhi-110 087

5. Sh. Ramesh Kumar (Son)

R/o KainBhawan, H.No.2309,

Gali No.5, Mata SantoshiChowk,

Bihari Colony, Delhi-110 032

6. Mrs. Bimla Bharti (Married

Daughter)

W/o Sh. PyareLal,

R/o C-756, Delhi

Administration Flat,

TimarPur,

Delhi-110 054

7. Sh. Suresh Kain (Son)

8. Sh. Ravi Kain (Son)

Both residing at:

R/o KainBhawan, H.No.2309,

Gali No.5, Mata SantoshiChowk,

 Bihari Colony, Delhi-110 032

...Decree Holders

Versus

Rajiv Goel
S/o Sh. C.P. Goel,
R/o 4/249, Gali No. 5, Bholanath
Nagar, Shahdara, New Delhi.

...Judgment Debtor

3. Date of : Judgment and Decree dated 29.09.2013

Decree/order of passed by Shri Raj Kumar, Learned
which execution is SCJ(East), Delhi in Suit No. 393/2012.
sought.

4. Whether an appeal : Yes

was filed against the
decree/order under
execution.
5. Whetherany : No
payment has been
received towards
satisfaction of
decree/order.

6. Whether any : No.

application was
made previous to
this and if so their
dates and results.
7. Amount of suit : A decree of possession of the suit
along with interest premises comprising of one built up
as per decree or any hall on the ground floor upto ceiling
other relief granted level, measuring 15ft. X 30ft. in the
by the decree. property bearing No. IV/2873, Bihari
Colony, Shahdara, Delhi.

8. Amount of costs if : No.

allowed by court.
9. Against whom : Rajiv Goel
S/o Sh. C.P. Goel,
execution is sought.
R/o 4/249, Gali No. 5, Bholanath
Nagar, Shahdara, New Delhi.

...Judgment Debtor

10. In what manner : Issue warrants of possession directing

courts assistance is the Judgment Debtor to handover
sought. actual physical vacant possession of
suit premises comprising of one built
up hall on the ground floor upto ceiling
level, measuring 15ft. X 30ft. in the
property bearing No. IV/2873, Bihari
Colony, Shahdara, Delhi.

The Decree Holders humbly prays that this Hon’ble Court may be pleased

to issue warrants of possession directing the Judgment Debtor to handover

the actual physical, peaceful and vacant possession of suit premises

comprising of one built up hall on the ground floor upto ceiling level,

measuring 15ft. X 30ft. in the property bearing No. IV/2873,Bihari Colony,

Shahdara, Delhi, more specifically shown in the Site Plan annexed to the

petition.
Any other or further orders as this Hon’ble Court may deems fit and proper

in the facts and circumstances of the case also be passed in favour of the

Decree Holder and against the Judgment Debtor.

DATE: MARCH 2014 APPLICANTS

PLACE: Signature Of The Decree Holders
THROUGH ADVOCATE
 IN THE COURT OF THE LEARNED SENIOR CIVIL JUDGE,
KARKARDOOMA, DELHI
EXECUTION PETITION NO. of 2014

IN THE MATTER OF:

CHANDU LAL KAIN (DECEASED) …DECREE HOLDER

VERSUS

RAJIV GOEL … JUDGMENT DEBTOR

AFFIDAVIT

I, Ramesh Kumar, S/o Late Sh. ChanduLalKain, R/o KainBhawan,

H.No.2309, Gali No.5, Mata SantoshiChowk, Bihari Colony, Delhi- 110

032, do hereby solemnly affirm and declare as under:-

1. That I am one of the son of the deceased Decree Holder and am

therefore fully conversant with the facts of the present case to depose
about the same.

2. I state that the contents of the accompanying execution petition are

true and correct to my knowledge and the same may be read as part of
this affidavit. The contents of the same are therefore not repeated
herein for the sake of brevity.

3. That the contents of the accompanying execution petition and the

present affidavit have been read over and explained to the deponent in
vernacular and the same are correct.

DEPONENT
VERIFICATION:
Verified at Delhi on this day of March 2014 that the contents of paras1 to
3 of the above affidavit are true and correct to the best of my knowledge.
No part of it is false and nothing has been concealed therefrom.

DEPONENT
 IN THE COURT OF THE LEARNED SENIOR CIVIL JUDGE,
KARKARDOOMA, DELHI
EXECUTION PETITION NO. of 2014

IN THE MATTER OF:

CHANDU LAL KAIN(DECEASED)
THROUGH LEGAL HEIRS …DECREE HOLDERS

VERSUS

RAJIV GOEL …JUDGMENT DEBTOR

APPLICATION UNDER ORDER XXI RULE 36 READ WITH

SECTION 151 CPC ON BEHALF OF THE DECREE HOLDERS

MOST RESPECTFULLY SHOWETH:

1. That the decree holders above named has filed the accompanying
execution petition and the same is pending for disposal before this
Hon’ble Court.

2. That the decree holders are also filing an accompanying affidavit that
there is no stay granted by any court against the execution of the
Judgment and decree for recovery dated 29.09.2013 passed by this
Hon’ble Court in the Suit No. 393/12 titled, “ChanduLalKain Vs.
Rajiv Goel”.

3. That the decree holders crave leave of this Hon’ble Court to direct
the judgment debtor to deliver the vacant possession of the suit
property.

4. That the present application has been filed in the most bonafide and
proper manner and in the interest of justice.

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be
pleased to direct the judgment debtor
a) to deliver the vacant possession of tenanted premises at ground floor
of property bearing No. IV/2873, Bihari Colony, Shahdara, Delhi,
more specifically shown in the Site Plan annexed to the petition.

b) any other or further orders as this Hon’ble Court may deems fit and
proper in the facts and circumstances of the case also be passed in
favour of the Decree Holders and against the Judgment Debtor.

DATE: MARCH 2014 APPLICANTS

PLACE: Signature Of The Decree Holders
THROUGH ADVOCATE
 IN THE COURT OF THE LEARNED SENIOR CIVIL JUDGE,
KARKARDOOMA, DELHI
EXECUTION PETITION NO. of 2014

IN THE MATTER OF:

CHANDU LAL KAIN (DECEASED) …DECREE HOLDER

VERSUS

RAJIV GOEL …JUDGMENT DEBTOR

AFFIDAVIT

I, Ramesh Kumar, S/o Late Sh. ChanduLalKain, R/o KainBhawan,

H.No.2309, Gali No.5, Mata SantoshiChowk, Bihari Colony, Delhi- 110
032, do hereby solemnly affirm and declare as under:-

1. That I am one of the son of the deceased Decree Holder and am

therefore fully conversant with the facts of the present case to depose
about the same.

2. I say that I have not received any stay order from any court regarding
stay of the execution of the order dated 29.09.2013 passed by this
Hon’ble Court in the Suit No. 393/12 titled, “ChanduLalKain Vs.
Rajiv Goel”.

3. That the contents of the accompanying execution petition and the

present affidavit have been read over and explained to the deponent in
vernacular and the same are correct.

DEPONENT

VERIFICATION
Verified at Delhi on this day March of 2014 that the contents of paras 1
to 3 of the above affidavit are true and correct to the best of my knowledge
and no part of it is false and nothing has been concealed therefrom.

DEPONENT