Punjab-Haryana High Court
Vikram Singh vs Jainendra Gurukul on 11 February, 2020
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
In the High Court of Punjab and Haryana, at Chandigarh
Civil Revision No. 7954 of 2019 (O&M)
Date of Decision: 11.02.2020
Vikram Singh
... Petitioner(s)
Versus
Sh. Jainendra Gurukul, Panchkula
... Respondent(s)
CORAM: Hon'ble Mr. Justice Anil Kshetarpal
Present: Mr. Shailender Singh Gill, Advocate
for the petitioner(s).
Mr. Adarsh Jain, Advocate
for the respondent.
Anil Kshetarpal, J.
It is sad that the order of ejectment, passed under the Rent Act on 02.12.2005, is still to be implemented. The tenant has been making repeated attempts to stall execution of the eviction order. Initially, an attempt was made by filing an application under Order IX Rule 13 CPC to set aside the ex parte ejectment order, which was dismissed by the Rent Controller, the Appellate Authority as well as the High Court. Thereafter, the tenant filed a separate suit for declaration challenging the order of eviction, which is again pending.
Now by devising a new method, an application has been filed before the learned District Judge to transfer the execution petition to the same Court where a separate suit is pending. The learned District Judge, after considering all the aspects of the matter, has chosen to dismiss the application. The execution proceedings are independent and cannot be 1 of 2 ::: Downloaded on - 01-03-2020 03:58:37 ::: Civil Revision No. 7954 of 2019 (O&M) 2 linked with the suit filed. Hence, no ground is made out to interfere.
Dismissed.
(Anil Kshetarpal) Judge February 11, 2020 "DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
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