IN THE COURT OF.................... Suit No..................... of 19........................................
CD................................................................... Plaintiff
versus
C. F................................................................ Defendant
The applicant most respectfully submits as under: —
1. That the above mentioned suit for mandatory injunction was decreed by this Hon’ble Court against the applicant (defendant judgment-debtor) on............ (date).
2. That against the aforesaid decree and judgment of this Hon’ble Court passed in the present suit, the applicant (defendant judgment-debtor) has preferred an appeal in the Court of....................
3. That the applicant has applied for the certified copies of the judgment and decree of this Hon’ble Court passed in the above-noted suit but has not been able to procure the same because they are not prepared.
4. That the plaintiff (decree-holder) has put in execution application on .................... for the execution of the said decree and in case the wall of the applicant is demolished it will cause substantial loss and damage amounting to Rs.
5. That an affidavit in support of the said facts is being filed along-with this application.
PRAYER It is therefore most respectfully prayed that the execution of the decree may be stayed to enable the applicant to file an appeal in the Appellate Court against the said decree.
It is prayed accordingly.
Applicant
Through Advocate
Place:....................
Dated:....................

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Application under Order 41, Rule 5(2) of the C P C

Using this format

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