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    Application Under Order 41, Rule 5 (2) of The C. P. C.

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    vishalfunckyman
    1. The defendant has filed an application to stay the execution of a mandatory injunction decree passed against them until they can file an appeal in the appellate court. 2. The defendant has appealed the decree but has been unable to obtain certified copies of the judgment and decree. 3. The plaintiff has filed for execution of the decree which would demolish the defendant's wall and cause substantial financial losses. The defendant requests a stay of execution until the appeal can be filed.

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    Application Under Order 41, Rule 5 (2) of The C. P. C.

    Uploaded by

    vishalfunckyman
    6K views1 page
    1. The defendant has filed an application to stay the execution of a mandatory injunction decree passed against them until they can file an appeal in the appellate court. 2. The defendant has appealed the decree but has been unable to obtain certified copies of the judgment and decree. 3. The plaintiff has filed for execution of the decree which would demolish the defendant's wall and cause substantial financial losses. The defendant requests a stay of execution until the appeal can be filed.

    Original Title

    APPLICATION UNDER ORDER 41, RULE 5(2) OF THE C. P. C.

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    1. The defendant has filed an application to stay the execution of a mandatory injunction decree passed against them until they can file an appeal in the appellate court. 2. The defendant has appealed the decree but has been unable to obtain certified copies of the judgment and decree. 3. The plaintiff has filed for execution of the decree which would demolish the defendant's wall and cause substantial financial losses. The defendant requests a stay of execution until the appeal can be filed.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    6K views1 page

    Application Under Order 41, Rule 5 (2) of The C. P. C.

    Uploaded by

    vishalfunckyman
    1. The defendant has filed an application to stay the execution of a mandatory injunction decree passed against them until they can file an appeal in the appellate court. 2. The defendant has appealed the decree but has been unable to obtain certified copies of the judgment and decree. 3. The plaintiff has filed for execution of the decree which would demolish the defendant's wall and cause substantial financial losses. The defendant requests a stay of execution until the appeal can be filed.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
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    APPLICATION UNDER ORDER 41, RULE 5(2) OF THE C. P. C.

    IN THE COURT OF....................

    Suit No..................... of 19........................................

    CD................................................................... Plaintiff

    versus

    C. F................................................................ Defendant

    The applicant most respectfully submits as under: —

    1. That the above mentioned suit for mandatory injunction was decreed by this Hon’ble Court
    against the applicant (defendant judgment-debtor) on............ (date).

    2. That against the aforesaid decree and judgment of this Hon’ble Court passed in the present
    suit, the applicant (defendant judgment-debtor) has preferred an appeal in the Court
    of....................

    3. That the applicant has applied for the certified copies of the judgment and decree of this
    Hon’ble Court passed in the above-noted suit but has not been able to procure the same
    because they are not prepared.

    4. That the plaintiff (decree-holder) has put in execution application on .................... for the
    execution of the said decree and in case the wall of the applicant is demolished it will cause
    substantial loss and damage amounting to Rs.

    5. That an affidavit in support of the said facts is being filed along-with this application.

    PRAYER

    It is therefore most respectfully prayed that the execution of the decree may be stayed to enable
    the applicant to file an appeal in the Appellate Court against the said decree.

    It is prayed accordingly.

    Applicant

    Through Advocate

    Place:....................

    Dated:....................

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