APPLICATION UNDER ORDER 41, RULE 5(2) OF THE C. P. C

APPLICATION UNDER ORDER 41, RULE 5(2) OF THE C. P. C.

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:....................