civil pleading - Application_Section151_CPC_Stay_Execution_Status_Quo_Clean_Format
Category: Civil Law Documents
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APPLICATION UNDER SECTION 151 C. P. C. ON BEHALF OF THE PLAINTIFF IN THE COURT OF................................................... Suit No.................... of 19................... ......................................................................... Plaintiff VERSUS ................................................. Respondents/Defendant Sir, It is submitted as under: 1. That the above-noted case is pending before this Hon’ble Court, and is fixed for................... 2. That the above case was last fixed for................... and due to a strike of Advocates, the arguments on the application u/s 39 Rules 1 & 2 read with section 151 C. P. C. could not be made before this Hon’ble Court and the plaintiff could not get the relief in the above case. 3. That on................... the Bailiff of the court of...................
went to the house of the applicant/plaintiff and directed the plaintiff to handover the possession of the suit premises to the defendants without any reasons the defendants has filed execution proceedings, in the Court of................... and whether the execution order has been passed or not, and the plaintiff has no knowledge about the execution proceedings, and has not been served with any notice of the court in the execution proceedings. 4. That the defendants are trying to take possession of the suit premises by playing fraud................... before the court of................... while the plaintiff has filed a suit for permanent injunction along with application u/o 39 rules 1 & 2 read with section 151 C. P. C. , but due to strike the plaintiff could not get any relief from this Hon’ble Court. 5.
That the applicant shall suffer irreparable loss and injury if the execution proceedings, pending in the court of................... is not stayed till the final disposal of the abovesaid suit. 6. That the balance of convenience lies in favour of the applicant and against the respondents. 7. That the applicant has a good prima facie case in her favour. 8. That the bailiff of the court of................... has also visited the house and threatened the plaintiff that he will take possession of the suit premises within a day or two. PRAYER It is, therefore, prayed that the execution proceedings in the above case may kindly be stayed and the status quo in favour of the plaintiff and against the respondents may kindly be granted keeping in view the facts and circumstances of the case. Applicant/Plaintiff Through (Counsel) Dated:............... Delhi