Execution petition
sohail
(Querist) 04 October 2018
This query is : Resolved
i have filed the recovery of possession suit in 2013 and i got ex party judgement and decree on 20-09-2016 but my advocate not filed EP i am also junior advocate then i filed the EP on 20-09-2018.
but i came to know that my EP is returned dated 22-09-2018
1.Notice against J.Drs not filed.
2.Process for service of notice not deposited.
SD Senior Civil Judge.
what i have to do now should i filed Form 61 process fee only and extension of time.
plz guide me senior advocates.
Siddiqui
R.K Nanda
(Expert) 04 October 2018
File process fee form with process fee affixed on it. Along with regd.ad stamped covers containing copies of EP, in court, so that court send notices to Jds.
R.K Nanda
(Expert) 04 October 2018
File process fee form with process fee affixed on it. Along with regd.ad stamped covers containing copies of EP, in court, so that court send notices to Jds.
Dr J C Vashista
(Expert) 05 October 2018
Discuss with some other senior local lawyer.
However, if you are located in Delhi and feel you may contact (by prior appointment) at:
Ch. No 647, 6th Floor, Lawyer's Chamber, Dwarka Courts Complex, New Delhi-110075
Cell # 9891152939 email: majjagdish@yahoo.com
sohail
(Querist) 06 October 2018
sir i have fill the form 61 and affixed the court fee in shape of stamps and register post acknowledgement due and summons form filled and 148 cpc condone delay. know it is ok na sir.
thanks for your replying
sohail
(Querist) 11 October 2018
sir i got 23 october 2018 for hearing and EP Number was not assign for what reason this hearing called for.
sohail
(Querist) 11 October 2018
Sir i got 23 october 2018 date for hearing in my Execution Petition and i didn't got the EP number i have filed resubmission of EP which was returned on 22-09-2018 on 5-10-2018 and scj given date on 23 october for hearing in Condone Delay petition under sec 148 cpc.
sir i want to know why this hearing called for. in condone delay petition under sec 148 cpc.
guide me.
sohail
(Querist) 11 October 2018
A F F I D A V I T
I, Khaja Masood Ali Siddiqui S/o Late Khaja Basheer Ali Siddiqui, aged 73 years, Occ: Pensioner & Agriculture, R/o H: No: 8-1-366/A/104, Choti Janki Nagar Colony, Tolichowki, Hyderabad, Telangana – 500008. Do hereby solemnly affirm and state on oath as under.
1. I am the Petitioner and Decree Holder as such I am well acquainted with the facts of the case.
2. I submit that in the above matter the Hon’ble court has returned the Execution Petition on 22-09-2018 due to not filing the Notice against J. Drs and Process for service notices were not deposited.
I further submit that due to my old age and ill health I couldn’t attend the court and filed the required particulars within (7) days as such the delay caused for (6) days may kindly be condoned.
It is, therefore, prayed that this Hon’ble Court to allow the notice against J. Drs and process for service notices, which are being submitted, in the interest of justice, otherwise the petitioner will be put to great irreparable loss and injury.
DEPONENT
Sworn and signed before me,
On this 5th day of October 2018.
at Shadnagar.
ADVOCATE
