Affidavit in support of Application for Stay of Execution Proceedings by shiva

No. 5

Affidavit in support of Application for Stay of
Execution Proceedings

In the High Court of Judicature at. . . . . . . . . . . . . . . .

(Civil Appellate Jurisdiction)

Miscellaneous Application No. . . . . . .of 2000. . . . .

(Under Order XLI, Rule 5, C.P.C.)

in

First Appeal No. . . . . . . . .of 198. . . . . .

Shri A. B. . . . . . . . . . . . .                           Appellant

Vs.

Shri C. D. . . . . . . . . . . . .                           Respondent

Affidavit

I, A. B., son of Shri . . . . . . . . . . . resident of . . . . . . . . . . . , do solemnly affirm and state as follows:

1. That I am the appellant in the above-mentioned appeal and am acquainted with the facts of the case.

2. That the respondent had filed a suit No. . . . . . . . . of 20 . . . . . against the appellant in the Court of . . . . . . . . . . . . for possession over House No. . . . . . . .

3. That the suit for possession was decreed by the Court below on . . . . . . . .

4. That the respondent decree-holder has, on . . . . . . . . . . . . filed an application before the lower court for execution of the decree.

5. That if the decree is executed the appellant-judgment-debtor will be put to great hardship as he will be evicted from the residential house in which he has been residing for the last 10 years and will be driven to the streets as he has no other accommodation available where he can go.

6. That if the decree-holder is allowed to execute the decree and take possession over the house it will become impossible for the appellant to obtain restitution of possession in case his appeal is allowed by this Hon’ble Court.

(Verification etc., as in other precedents.)

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