How to draft an objection petition U/O XXI R-99 CPC in auction proceeding? What is the purpose of an objection petition? The sample is given here.

Objection Petition

Purpose: To raise objections to auction proceedings on the basis of factual circumstances as well as legal points.

Forum: Executing Court

Title: Abc Versus Xyz

OBJECTION PETITION U/O XXI R-99 READ WITH SECTION 151 C.P.C ALONG WITH SUSPENSION OF AUCTION PROCEEDINGS

Respectfully Sheweth;

That the above-captioned execution petition is pending adjudication before this Hon’ble court and the next date is 26.05.2022 for the report of the auction as an order for auction was passed on 26.04.2022.

That the above-titled suit was filed on 23.12.2010 in this Hon’ble court in which preliminary decree /judgment was passed on 22.01.2021 and now the order for auction proceeding was passed.

That the petitioners and Naila Akhtar are entered into an agreement to sell with the sellers Abdul Ishaq and Abdul Razzaq sale of House No. CB-1208 measuring 10 marlas initially down payment of Rs.170,00,000/- was given and the remaining Rs180,000/- was also given in form of cash and the third installment of Rs.30,00,000/- via cheque No. 35570314 was also given. The total sale consideration was fixed as Rs.185,00,000/- paid within the stipulated time and the mentioned house was transferred by Abdul Ishaq and Abdul Malak owners in possession of 5 marlas each of the above-mentioned house since 2018 vide registered sale deed No. 15524 dated 07.11.2021 in the name of Mst. Naila Akhtar to the extent of 5 marlas of his share (Abdul Ishaq), whereas, another half i.e. 5 marlas were sold by Abdul Malak to Muhammad Akhtar vide registered sale deed No. 15523 dated 07.11.2021.  

That ever since the petitioner Muhammad Akhtar Bashir and his wife Mst. Naila  Akhtar are owners in possession of the above-mentioned house.

That the petitioners are bonafide purchasers and have given the full sale consideration as per market value. Moreover, they were ignorant of the dispute or litigation being carried out between the parties.

That the petitioner has the following objections in the execution of decree with respect to aforesaid property:- 

OBJECTIONS

That the seller Abdul Malak and Abdul Ishaq sold the above-mentioned house to the petitioners with concealment of facts.

That the petitioner when inquired before entering into an agreement was given a satisfactory report by the sellers as well as property dealers that there is no legal lacuna or any dispute in buying the mentioned house.

That the petitioners are bonafide purchasers and have given full sale consideration. That the petitioners are in possession of the aforesaid property.

That further process of auction, transfer, and alienation is illegal.

That if the execution petition is not stopped the petitioners shall suffer irreparable loss.

That execution, auction, and decree are liable to be canceled in the interest of justice.

That the investigation is required by the court to its entire satisfaction regarding the matter.

PRAYER

It is, therefore, respectfully prayed that instant objection petition may kindly be accepted and execution petition with respect to the aforesaid property i.e. House No. CB-1208 measuring 10 marlas may graciously be stayed, in the interest of justice.

Petitioner/objector            through       Counsel