Punjab-Haryana High Court
Ramesh Chand vs Anil Kumar Etc on 8 August, 2011
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.4768 of 2011 (O&M)
Date of decision: 8.8.2011
Ramesh Chand ......Petitioner(s)
Versus
Anil Kumar etc. ......Respondent(s)
CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG
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Present: Mr. Ashish Gupta, Advocate for the petitioner.
Rakesh Kumar Garg, J.(Oral)
By way of instant revision petition, the petitioner, who has been ordered to be ejected from the demised premises vide impugned orders dated 23.12.2009 and 3.9.2011 has filed the instant revision petition challenging the order dated 16.4.2011 and 11.6.2011 proceeding ex parte against him.
The contention of the petitioner before this Court is that he was proceeded against ex parte in the execution wrongly on 11.4.2011 and thereafter, the case was adjourned to 11.6.2011. However, on 21.5.2011, the Executing Court on his back passed the order directing the execution of the warrant by breaking open the lock of the demised premises and delivery of possession and also dismissed his application for setting aside the ex parte order dated 16.4.2011.
I have heard learned counsel for the petitioner and perused the impugned orders.
It is not in dispute that in execution of the eviction order as aforesaid, the respondent-landlord has already obtained the possession of the demised premises. It is also necessary to note that CR No.8296 of 2010 challenging the order of eviction passed by the Courts below has been dismissed by this Court thereby upholding the findings that the petitioner has already parted with the possession of the demised premises in favour of a sub-tenant. That being so, the instant petition has no merit.
Dismissed.
August 8, 2011 (RAKESH KUMAR GARG) ps JUDGE