Application Seeking Stay Of Execution Proceedings - Legal Draft

Precedent No. 25

APPLICATION SEEKING STAY OF EXECUTION PROCEEDINGS

BEFORE THE HIGH COURT OF

(Civil Appellate Jurisdiction)

Miscellaneous Application No of 20

(Under Order XLI, rule 5 of the Code of Civil Procedure, 1908.)

In

First Appeal No of 20

Applicant/Petitioner/ Appellant:

Vs.

Respondent:

AFFIDAVIT of , S/o , aged years,

presently and permanently residing in

The deponent abovenamed, hereby solemnly affirms and declares as

under:—

1. That, the deponent is appellant in the abovementioned Appeal and

theapplicant/petitioner in the Application referred to above. Being

wellconversant with the facts and circumstances of the present case,

thedeponent is competent to swear to this affidavit and will be referred

to asthe applicant hereinafter.

1. That, the respondent had filed a suit No of 20 against

the applicant in the Subordinate Court of for recovery of an

amount of Rs allegedly due from the applicant to the respondent on

account of the construction carried on by the respondent for

theapplicant, with respect to property bearing No

1. That, the suit for the said recovery was decreed by the Hon'ble

Subordinate Court on

1. That, the respondent-decree-holder had, on filed an application

before the Subordinate Court for execution of the said decree.

1. That, it is most humbly submitted that the applicant runs a small

Photostat shop in the front portion of his house bearing No and is

a man of limited means. The applicant also has a very large family

consisting of his wife, three children and parents and he is the only

bread-winner of the family.

1. That, if the aforesaid decree is executed pending the disposal

of the appeal, the applicant will be put to great inconvenience and

hardship, as it would become next to impossible for him to maintain his

large family.

1. That, in view of the aforementioned circumstances, it is just

and necessary that this Hon'ble Court may be pleased to stay all

proceedings

in execution of the decree dated passed by the Subordinate

Judge's Court, O.S. No of until the appeal is

finally disposed of.

SdJ Deponent.

Verification

Verified at on this the day

of , 20 , that the contents of the above affidavit are true and

correct to the best of my knowledge, belief and information and nothing

material has been concealed therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of , 20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law. Prayer be avoided and only facts be stated.