EXECUTION PETITION

 Execution means the enforcement of decrees and

orders by the Court.
 The law governing execution of decrees and orders is
given from Secs. 36 to 74 and Order 21.
 The period of limitation of execution of the decree is
as specified under the Limitation Act, 1963 ie., 12
years from the date of passing of the decree.
 If the execution of the decree is barred by limitation,
that decree will not be executed.
Who can apply for execution? (Order 21 CPC)
 The decree-holder (Order 21, Rule 10)
 The transferee of the decree (Order 21, Rule 16)
 If the decree has been passed jointly in favor of more
persons than one, any one of such persons may apply
for execution (Order 21, Rule 15)
 If the decree holder is dead, his legal representatives
may apply for execution.
Note:
 Execution can be applied against the judgment-debtor
or if he is dead, against his legal representatives.
 In the latter case, the legal representatives shall be
liable only to the extent of the property, which they got
from the deceased (Sec.50)
Application for execution:
 Execution proceedings are to be initiated by an
application for execution.
 Application should be made by the decree-holder – to
be signed and verified by him.
 The only case where execution can be made by oral
application is in the case of a decree for payment of
money.
 In this case, the decree-holder may make an
application orally at the time of passing the decree by
arresting the judgement-debtor without giving a
warrant.
Notice: Notice to be issued to the judgement-debtor in
the following cases:
 Where the application for execution is made more than
one year after the date of the decree (Order 21 Rule 22)
 Where the execution is applied for against the legal
representatives of the party to the decree (Sec.44A and Order
21, Rule 22)
Note: Where the execution is by way of arrest and detention in
the civil prison, the Court shall issue a notice, directing him to
appear before the Court and show cause why he should not be
committed to the prison [Order 21, Rule 37].
What are the modes of execution of a decree?
 A decree can be enforced by:
 By delivery of any property specifically decreed.
 By attachment and sale or by sale without attachment of the
property.
 By arrest and detention.
 By appointing a receiver.
 By effecting partition.
 Any such manner which the nature of relief requires.
Format for filing of an Execution Petition: Sub-rule
(2) of Rule 11 of Order XXI CPC provides the format of the
application for execution :
(a) The number of the suit;
(b) The names of the parties;
(c) The date of the decree;
(d) Whether any appeal has been preferred from the
decree;
(e) Whether any, and (if any) what, payment or other
adjustment of the matter in controversy has been
made between the parties subsequent to the decree;
(f) Whether any, and (if any) what, previous applications
have been made for the execution of the decree, the
date of such applications and their results;
(g) The amount with interest (if any) due upon the decree,
or other relief granted thereby, together with particulars, of
any cross-decree, whether passed before or after the date of
the decree sought to be executed;
(h) The amount of the costs (if any) awarded;
(i) The name of the person against whom execution of the
decree is sought; and
(j) The mode in which the assistance of the Court is
required, whether -
 By the delivery of any property specifically decreed;
 By the attachment, or by the attachment and sale, or by
the sale without attachment, of any property;
 By the arrest and detention in prison of any person;
 By the appointment of a Receiver;
 Otherwise, as the nature of the relief granted may require.
 IN THE COURT OF THE SENIOR CIVIL JUDGE: CITY CIVIL
COURT AT HYDERABAD, TELANGANA STATE
E.P.No. of 2021
O.S.No. 12 of 2017
Between:
AB son of …… Petitioner / Decree
Holder / Plaintiff
and
CD son of ……
EF son of ……. Respondents / Judgment
Debtors / Defendants 1 and 2
AFFIDAVIT FILED BY THE PETITIONER / DECREE HOLDR
/ PLAINTIFF UNDER SEC. 139, ORDER XXI RULES 1 AND 2
OF THE CODE OF CIVIL PROCEDURE
I, AB, son of ………., aged about ……years, Hindu,
occupation: ………., Address:……………………do hereby
solemnly affirm and sincerely state on oath as follows:
1. I am the petitioner/decree holder / plaintiff herein and
as such I am well acquired with the facts and
circumstances of the case.
2. I have entered into an agreement for sale dt. ………… with
the Respondent No. l / Judgment-Debtor No. l /
Defendant No. l herein for purchase of the suit
scheduled property bearing H.No…… situated at ……
(Location), admeasuring a total landed area of …….sq.
yds. with a constructed plinth area of 1200 sft., for a total
sale consideration of Rs. 10 Lakhs (Rs. Ten Lakhs only).
The terms and conditions of the said agreement for sale
include that the total sale consideration shall be paid in
two installments, namely, Rs. 5 Lakhs towards advance
and part payment of sale consideration as on the date of
agreement for sale, and the balance should be paid within
six months from that date. Accordingly, the Respondent
No.1 / Judgment-Debtor No.1 / Defendant No.1 herein has to
obtain a clear transferable title in the suit schedule property
and to register a regular sale deed after receiving the said
balance sale consideration. However he did not fulfill his
part of the contract.
3. I have filed O.S.No.12 of 2017 against the respondents
herein and obtained a decree for specific performance of the
contract for sale against the Respondent No.1 / Judgment-
Debtor No.1 / Defendant No.1 herein, and the suit was
decreed in my favor vide the Judgment and decree dt…………
4. I humbly submit that a copy of the decree accompanying
a legal notice was sent to the respondents herein on
……….with a request to specifically perform the contract for
sale in compliance with the said decree, but to my dismay
the first respondent herein who is the main person to
comply therewith did not come forward to do so. Hence the
present Execution Petition. In view of the above the present
Execution Petition is filed the details of which are given
below:
(a) The number of the suit: O.S.No.12 of 2017
(b) Name of the parties: AB,s/o...(full description) &
CD, s/o...(full description)
EF, s/o...(full description)
(c ) Date of the Decree: 20-10-2020
(d) Whether any appeal has
been preferred from the decree: Yes
(e) Whether any, and (if any) what,
payment or other adjustment of
the matter in controversy has
been made between the parties
subsequent to the decree : No
(f) Whether any, and (if any) what,
previous applications have been
made for the execution of the
decree, the date of such applications
and their results : No
(g) The amount with interest
(if any) due upon the decree,
or other relief granted thereby,
together with particulars, of any
cross-decree, whether passed
before or after the date of the decree
sought to be executed : Nil (In this case NIL)
(h) The amount of the costs
(if any) awarded : Rs.1000/- (Note : In case no cost is
awarded, answer this column as
Nil.)
(i) The name of the person against
whom the EP is filed : CD, s/o...(full description)
(j) The mode in which the assistance of the Court is required, whether
-
i. By the delivery of any property
specifically decreed :Delivery of the suit schedule
property ie., House building property
bearing No. 12-6/1, Nacharam, Hyderabad-
500075, and bounded by:
East: Neighbour’s house bearing D.No.12-5/1
West: 15’ Public Road
South: 30’ Public Road
North: Neighbour’s house bearing D.No. 12-
4/1
ii. By the attachment, or by the
attachment and sale, or by the
sale without attachment, of any
property : Nil
iii. By the arrest and detention
in prison of any person : CD, s/o...(full description)
iv. By the appointment of a receiver: Nil
v. Otherwise, as the nature of
the relief granted : The suit is decreed for specific performance of
contract for sale of the scheduled property. Tgherefore,
the respondent /judgment debtor / defendant No.l may
be directed to execute regular sale deed in favour of the
petitioner / decree-Holder / Plaintiff with all rights,
titles and benefits without any encumbrance along
with the peaceful possession of the suit schedule
property.

DEPONENT
Solemnly affirmed and signed before me on this day the
…..day of …….20 at………
Advocate for Petitioner.
 IN THE COURT OF THE SENIOR CIVIL JUDGE: CITY CIVIL
COURT AT HYDERABAD, TELANGANA STATE
E.P.No.of 2021
O.S.No. 12 of 2017
Between:
AB son of …… Petitioner / Decree
Holder / Plaintiff
and
CD son of ……
EF son of ……. Respondents / Judgment
Debtors / Defendants 1 and 2
EXECUTION PETITION FILED ON BEHALF OF THE
PETITIONER / DECREE HOLDR / PLAINTIFF UNDER ORDER
XXI RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE
The above named execution petitioner humbly submits the
following execution petition:
(a) The number of the suit: O.S.No.12 of 2017
(b) Name of the parties: AB,s/o...(full description) &
CD, s/o...(full description)
EF, s/o...(full description)
(c ) Date of the Decree: 20-10-2020
(d) Whether any appeal has
been preferred from the decree: Yes
(e) Whether any, and (if any) what,
payment or other adjustment of
the matter in controversy has
been made between the parties
subsequent to the decree : No
(f) Whether any, and (if any) what,
previous applications have been
made for the execution of the
decree, the date of such applications
and their results : No
(g) The amount with interest
(if any) due upon the decree,
or other relief granted thereby,
together with particulars, of any
cross-decree, whether passed
before or after the date of the decree
sought to be executed :Nil (In this case
NIL)
(h) The amount of the costs
(if any) awarded : Rs.1000/- (Note : In case no cost is
awarded, answer this column as
Nil.)
(i) The name of the person against
whom the EP is filed : CD, s/o...(full description)
(j) The mode in which the assistance of the Court is required, whether -
i. By the delivery of any property
specifically decreed :Delivery of the suit schedule
property ie., House building property
bearing No. 12-6/1, Nacharam, Hyderabad-
500075, and bounded by:
East: Neighbour’s house bearing D.No.12-5/1
West: 15’ Public Road
South: 30’ Public Road
North: Neighbour’s house bearing D.No. 12-
4/1
ii. By the attachment, or by the
attachment and sale, or by the
sale without attachment, of any property: Nil
iii. By the arrest and detention
in prison of any person : CD, s/o...(full description)
iv. By the appointment of a receiver: Nil
v. Otherwise, as the nature of
the relief granted : The suit is decreed for specific performance of
contract for sale of the scheduled property. Tgherefore,
the respondent /judgment debtor / defendant No.l may
be directed to execute regular sale deed in favour of the
petitioner / decree-Holder / Plaintiff with all rights,
titles and benefits without any encumbrance along
with the peaceful possession of the suit schedule
property.

Counsel for Petitioner /Decree Holder /

Plaintiff Petitioner / Decree Holder/Plaintiff

I, AB, do hereby declare that the contents mentioned above are true to the best of my knowledge and
belilef.Hence verified.
Place: Hyderabad
Date: Petitioner / Decree Holder/Plaintiff
Record Work:
Write an Execution Petition along with Affidavit (In
addition to the Execution Petition + Affidavit in this PPT)