APPLICATION UNDER ORDER 21 RULE-11 C.P.C

IN THE COURT OF 2ND SENIOR CIVIL JUDGE HYDERABAD
F.C Suit No 63 of 2010
Execution Application No.         Of 2012


MST. ZEENAT BANO Widow of Wali
Muhammad By caste Memon, adult,
muslim, Resident Of House No. 40,
Talibul Moula Colony, New Hala, Taluka
Hala District Matiari            - - - - - - - - - - - - - - -PLAINTIFF


V E R S U S


RAFIQUE AHMED S/o Qasim
By caste Memon, adult muslim,
Resident of Veer Ghatti Mohajir Chowk
Adjacent Mansoora Masjid New Hala
Taluka Hala District Matiari        -------------------DEFENDANT/J.D


APPLICATION UNDER ORDER 21 RULE-11 C.P.C
        The decree holder/plaintiff hereby apply for the executing of the decree herein below set-forth: -


1- No. Of SUIT    F.C Suit No. 63 of 2010      
2- NAME OF PARTIES     As Above      
3- DATE OF JUDGMENT & DECREE    Judgment dated 24-08-2011
Decree dated 27-08-2011      
4- WHETHER ANY APPEAL HAS BEEN PREFERRED FROM THE DECREE?    Civil Appeal No. 211 of 2011
Before District & Session Judge, Hyderabad,      
5- IF APPEAL IS FILED WHAT IS ITS RESULT?    Dismissed      
6- DATE OF JUDGMENT & DECREE PASSED BY APPELLANT COURT.     Judgment dated 08-12-2011
Decree Dated 15-12-2011      
7- WHETHER ANY OTHER APPEAL HAS BEEN PREFERRED FROM THE APPELLANT DECREE?    NO      
8- WHETHER ANY AND
(IF ANY) WHICH PREVIOUS APPLICAITION HAS BEEN MADE FOR THE EXECUTION OF DECREE/ORDER IN DATES OF SUCH APPLICATION AND THEIR RESULT    NO      
9- WHETHER THE ORIGINAL DECREE HOLDER HAS TRANSFERRED ANY PART OF HIS INTEREST IN THE DECREE AND IF ANY THE DATE OF TRANSFER AND NAME AND ADDRESSES OF THE PARTIES TO TRANSFER.    NO      
10- THE AMOUNT WITH INTERST/MARKUP (IF ANY) DUE UPON THE DECREE OF OTHER RELIEF GRANTED THEREBY TOGETHER WITH PARTICULARS OF ANY CROSS DECREE, WHETHER PASSED BEFORE OR AFTER THE DATE OF DECREE SOUGHT TO BE EXECUTED.    NO      
11- THE AMOUNT OF COSTS (IF ANY) AWARDED          
12- DECRETAL AMOUNT    It is ordered by judgment that the suit of the plaintiff is decreed against defendant/D as prayed. So also schedule is given below:      
13- THE NAME OF PERSON AGAINST WHOM THE EXECUTION SOUGHT    Against Defendant/J.D      
14- THE MODE IN WHICH THE ASSISTANCE OF THE COURT IS REQUIRED    1) It is prayed U/O 21 Rule-10 CPC that decree of Trial Court dated 27-08-2010 & Appellant Court Dated: 15-12-2011 may be enforced by the coercive method/process of this Honourable Court or by arresting of defendant/J.D and detention in prison.
2) Any other manner it may be deemed fit by this Honourable Court.      
15- DESCRIPTION OF PROPERTIES SOUGHT TO BE ATTACHED.       

SCHEDULE OF AMOUNT
SR. NO.    PARTICULARS            PERIOD       AMOUNT

A.        Principle Amount                      Rs.82, 000/=
B.        Interest 13% p.a on                            
         Principle Amount                      Rs.10,660/=
i) May 2005 to 11-08-2008                             (10,660 x 3 x 13%)        03-years      Rs.31,980/=
C.        Cost of Suit                           Rs.2830/=___
         Total Amount (A + B + C)              Rs.1,16,810/=

SUBSTANCE

        The above named plaintiff/decree filed Suit for recovery of rent arrears against above named defendant/judgment debtor with pray to direct defendant/judgment debtor to pay arrears of rent amounting to Rs.82,000/- alongwith interest at bank rate, from the month of May, 2005 till handling over the physical possession of suit premises viz. 11-08-2009. Cost of the suit be saddled and any other relief which this Honourable Court deem fit and proper, after admission of the suit, notices issued against the defendant/judgment debtor who appeared and filed written statement. Thereafter, both the parties led their respective evidence and after going through their evidence and hearing the parties, this Honourable Court decreed the suit of plaintiff/decree holder as prayed with costs. Thereafter defendant/judgment debtor filed appeal before District & Session Judge, Hyderabad and same is dismissed with no orders as to cost.

        That, after passing the above both orders of trial court as well as appellant court the defendant/judgment debtor has failed to comply the order of this Honourable Court and no any notice of appeal of the defendant/J.D received by the plaintiff/D.H and the plaintiff/D.H is fully satisfied with the order of this Honourable Court as well as appellant court, hence applicant/decree holder filed this execution application.


(PLAINTIFF/DECREE HOLDER)
(4)
V E R I F I C A T I O N
        I, Mst. Zeenat Bano Widow of Wali Muhammad by caste Memon adult, muslim, Resident of House No. 40, Talibul Moula Colony, New Hala, Taluka Hala District Matiari, at present Hyderabad, do hereby verify on oath that whatever stated above is true and correct to the best of my knowledge & belief

Hyderabad                   
Dated       -02-2012            (DEPONENT/PLAINTIFF/D.H)

            I know the deponent/plaintiff above named.

            ( A D V O C A T E )
Documents filed
Copy of Judgment & decree of Trial Court
Copy of Judgment & decree of Appellant Court


Documents relied upon
Any relevant document

Addresses of the parties
Same as shown in cause title.


Drafted in my office under
The instructions of applicant/D.H



ADVOCATE FOR APPLICANT/D.H