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Petition to stay of decree by appellate court

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/Appellant under Or. 41 R. 5 (1)  and 151 of CPC.

For the reasons stated in the accompanying affidavit, the petitioner respectfully prays that this Hon’ble Court may be pleased to stay the execution of the E.P. proceedings in E.P No. 55/2025 in O.S No. 1024/2024 on the file of the City Civil Court, New Delhi, dated 28/05/2025, pending disposal of the appeal, and to pass such other orders as this Hon’ble Court deems fit and proper in the circumstances and in the interest of justice.

Place: New Delhi
Date: 06/06/2025

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, 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 defendant in the original suit and the petitioner in the above I.A., and I am well acquainted with the facts of the case.
  2. The respondent/plaintiff filed the suit for recovery of pronote amount.
  3. I submit that I had already repaid the entire loan amount on a daily installment basis. The plaintiff/respondent is a moneylender who provided the loan on the condition of daily repayments at an exorbitant rate of 36% per annum.
  4. I have produced Ex. B1, which contains entries made by the respondent/plaintiff in his own handwriting in a pocketbook, clearly reflecting all payments made by me.
  5. Despite this, the Hon’ble trial court erroneously decreed the suit in favour of the plaintiff.
  6. Aggrieved by this, I have filed an appeal, which is pending adjudication, and I have a strong and meritorious case.
  7. Meanwhile, the respondent/plaintiff has filed E.P. No. 55/2025 in O.S. No. 1024/2024 on the file of the City Civil Court, New Delhi, dated 28/05/2025, seeking execution of the decree.
  8. If the E.P. proceedings are allowed to continue, I will suffer irreparable loss and hardship.

Hence, I pray that the Hon’ble Court may kindly be pleased to stay the execution of E.P. No. 55/2025 in O.S. No. 1024/2024 pending the disposal of the appeal.

Otherwise, I will be put to irreparable loss and hardship.

Deponent: Arjun Kumar

Solemnly affirmed and the contents of this affidavit were read over and explained to the deponent in Telugu, and he admitted the contents to be true and correct and affixed his signature/thumb impression before me on this the 6th day of June, 2025.

Place: New Delhi
Date: 06/06/2025

Advocate for Petitioner