How to get sale certificate and possession of an auctioned property by a successful bidder, through court and which provision of CPC attracts to obtain sale certificate and possession? The sample/draft is given here, please do necessary amendments as per the facts of the case.

Application U/O 21 Rule 94 & 95 CPC

Purpose: To obtain possession and sale certificate from the court regarding an auctioned property.

Forum: Trial court /executing court.

Title:       Same as per execution petition or suit.

APPLICATION U/O 21 RULE 94 & 95 CPC FOR ISSUING OF SALE CERTIFICATE AND DELIVERY OF POSSESSION OF SUIT HOUSE.

Respectfully Sheweth;

That one Dubair Khan  son of Abdul Karim filed a suit U/O 37 of CPC for recovery against one Jabbar Khan son of Muhammad Safdar, which suit was ultimately decreed on 26.11.2018.

That the decree holder namely Dubair Khan filed an execution petition against the judgment debtor Jabbar Khan, which execution petition is pending before this Hon’ble court and fixed for today.

That this Hon’ble court after attachment of suit house, auctioned the same through proper auction proceeding vide order dated 06.03.2020 by appointing a court auctioneer, thereafter auction proceeding was conducted by the court auctioneer on 29.09.2020 after completing all legal formalities at the spot, the applicant namely Shamroze Khan son of Dolat Khan was declared as a successful bidder against total price of Rs.62,70,000/- and the present applicant deposited an amount of Rs.15,67,500/- as 25% of sale consideration and subsequently, the applicant deposited the remaining sale consideration of Rs.47,02,500/- through slip dated 12.10.2020 in the National Bank of Pakistan as per order of this Hon’ble court. (Copies of slips and other documents are attached herewith), hence there is nothing outstanding against the applicant.

That one Mst. Rimsha Inam filed an objection petition U/O 21 Rule 90 of CPC and also filed an application U/S 12(2) of CPC before this Hon’ble court, which application was ultimately dismissed by this Hon’ble court vide order dated 10.11.2020 and this Hon’ble court further ordered in para No. 6 of the order that sale certificate U/O 21 Rule 94 CPC be issued to the applicant /purchaser and also directed the applicant to move an application under order 21 Rule 95 CPC for delivery of vacant and peaceful possession before this Hon’ble court, hence this application is being filed before this Hon’ble court.

That this Hon’ble court has ample powers to issue direction to the bailiff to get hand over the vacant and peaceful possession U/O 21 Rule 25 CPC in favor of the applicant, after completing all legal formalities.

PRAYER:

In view of the aforementioned submissions, it is therefore, most respectfully prayed that while accepting the instant application a direction may kindly be issued to the staff U/O 21 Rule 94 CPC for issuance of sale certificate as per order dated 10.11.2020 passed by this Hon’ble court and further be directed the bailiff to get hand over the vacant and peaceful possession of the afore-cited house U/O 21 Rule 95 of CPC to the present applicant as successful bidder, in the interest of justice.

 Applicant                               through                  Counsel