Landmarq

IN THE COURT OF THE …………..

                               E.A. No. ……… in E.P. No. ……… in O.S No……….

Between

                                                                                        …..… Petitioner/JDR

                                         Vs.

                                                                                      ……… Respondent/DHR

                                                                                      ……… Respondent/ auction purchaser

Petition filed on behalf of the petitioner/JDR under Or. 21 R. 89  and 151 of CPC

For the reasons stated in the accompanying affidavit the petitioner prays that the Hon’ble court may be pleased to receive the sale warrant amount with poundage and set aside the sale of the E.P schedule property dated …….. , and to pass such other orders as the Hon’ble court deems fit proper in the circumstances and in the interest of the justice.

Advocate for Petitioner

Place:

 Date:                                                                                                  

N.B: 1) This application shall be filed within 60 days from the date of sale. But the amount shall be paid within 30 days from the date of sale.

2) a third party who is having interest in the sale property can also file similar application.

IN THE COURT OF THE ……………………….

E.A. No. ……. in E.P. No. …….. in O.S No……….

Between

                                                                                                                                              …DHR

Vs.

                                                                                                                                                                                            …JDR

Affidavit filed on behalf of the petitioner/JDR under Sec. 139 of CPC

I, ……….. S/W/o, ……………………  Religion …………. Occupation……………… , R/o……. do hereby solemnly affirm and state on oath as follows:

1.  I am the JDR in the E.P. and petitioner herein, and I am well acquainted with the facts of the case.
2. I submit that the DHR/1^st respondent filed the E.P for recovery of the decretal amount and brought the E.P schedule immovable property for sale. As I am unable to pay the decretal amount, the Hon’ble court conducted the auction on …… and the sale was knocked down in favour of second respon-dent/auction purchaser. As I met with an accident I am unable to secure the amount and I could not paid the decretal amount before the sale. Now I secured the amount to pay the sale warrant amount along with poundage. There is no wilful delay or negligance or latches on my part.
3.  Hence I therefore prays that the Hon’ble court may be pleased to receive the sale warrant amount along with poundage and set aside the sale dated ……

Else, I will be put to irreparable loss.

Deponent

Solemnly affirmed and the contents of the affidavit read over to the deponent and explained in Telugu, after his admission he put his thumbmark-signed before me this the …..day of ……year

Advocate

Place:

Date: