Order 41 Rule 5 Application Format filed with Civil Appeals

IN THE COURT OF HON’BLE DISTRICT JUDGE, MOHALI

Amrit Kaur widow Gurmail Singh Son of Jora Singh village Kharar District Mohali
… Applicant/Appellant/Judgment Debtor
Versus
State Bank of India through Branch Manager Kharar District Mohali
… Respondent/Decree Holder

Civil Appeal

Application under order 41 rules 5 CPC for staying the proceeding.

Respected Sir,
The application submits as under;

1. That the above titled appeal is being filed in this Hon’ble court today and the same is likely to be accepted.

2. That the objections of the appellant are dismissed by the learned executing court, which is against law and facts.

3. That the contents of appeal may be read as the part of this application.

4. That if the property auctioned by the executing court then in irreparable loss be caused to the appellant which can not be compensation in any manner.

It is, therefore, respectfully prayed that the proceeding of the executing court regarding attachment and auctioned my kindly be stayed till the final decision of the appeal.

Submitted by:-
Amrit Kaur widow Gurmail Singh Son of Jora Singh village Kharar District Mohali
Applicant/Appellant

Through Counsel;

Puneet Batish, Advocate


IN THE COURT OF HON’BLE DISTRICT JUDGE, MOHALI

Amrit Kaur widow Gurmail Singh Son of Jora Singh village Kharar District Mohali
… Applicant/Appellant/Judgment Debtor
Versus
State Bank of India through Branch Manager Kharar District Mohali
… Respondent/Decree Holder

Civil Appeal

Application under order 41 rules 5 CPC for staying the proceeding.

AFFIDAVIT

I, Amrit Kaur widow Gurmail Singh Son of Jora Singh village Kharar District Mohali do hereby solemnly affirm and declare as under:-

1 That the above titled appeal is being filed in this Hon’ble court today and the same is likely to be accepted.

2 That the objections of the appellant are dismissed by the learned executing court against law and facts.

3 That the contents of appeal may be read as the part of this application.

4 That if the property auctioned by the executing court then in irreparable loss be caused to the appellant which can not be compensation in any manner.

DEPONENT

VERIFICATION:

Verified that the contents of para No.1 to 4 of the affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.

Dated:

DEPONENT