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Petition to pass final decree in mortgage suit for sale

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Petition filed on behalf of the petitioner/defendant under Or. 34 R.3 and 151 of CPC.

For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to:

  • Pass a final decree in the above mortgage suit,
  • Direct the sale of the suit schedule mortgaged property in public auction for recovery of the decretal amount as per the preliminary decree,
  • And to pass such other orders as the Hon’ble Court deems fit and proper in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for Petitioner

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Defendant

Vs.

Neha Sharma

…Respondent/Plaintiff

Affidavit

I, Arjun Kumar, S/o Ramesh Kumar, Religion: Hindu, aged about 35 years, Occupation: Businessman, residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the plaintiff in the above suit and the petitioner herein. I am well acquainted with the facts of the case.
  2. I filed the suit on the basis of a mortgage deed executed by the defendant. After due trial, a preliminary decree was passed on [date of preliminary decree] and the Hon’ble Court granted six months time to the defendant to discharge the decretal amount.
  3. In spite of several demands, the defendant has failed to discharge the mortgage debt in terms of the preliminary decree. Therefore, I am constrained to file this application for passing the final decree by directing the sale of the mortgaged property described in the plaint schedule by public auction for the purpose of recovering the outstanding amount.
  4. Hence, I respectfully pray that this Hon’ble Court may be pleased to:
    • Pass the final decree in accordance with the preliminary decree, and
    • Direct the sale of the suit schedule mortgage property in public auction for recovery of the decretal amount.

Else, I will be put to irreparable loss.

Deponent: Arjun Kumar

Solemnly affirmed and the contents of this affidavit read over to the deponent and explained in Telugu, and he admitted that the contents are true and correct. He has signed before me on this the 6th day of June 2025.

Place: New Delhi
Date: 6th June 2025

Advocate