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Showing contexts for: ejectment execution in Jagjit Singh vs Gurdev Kaur And Anr on 16 January, 2018Matching Fragments
I have heard the learned counsel for petitioner and have also carefully gone through the file.
It comes out that on the basis of status quo granted by the civil court, present petitioner wants to frustrate the execution of decree. The ejectment order was passed in favour of respondent No. 1 Gurdev Kaur being the landlady. If petitioner has any claim regarding possession of vacant shop against Gurdev Kaur, that does not mean that ejectment order should not be executed. The learned Additional Civil Judge (Senior Division), Moga, vide order dated 26.7.2016, has nowhere observed that execution is pending and that possession should not be delivered to Gurdev Kaur. It is a general order regarding nature, possession and status quo. However, due process of law is always protected. Since Gurdev Kaur is adopting due process of law, therefore, notwithstanding the status quo order passed by the learned Additional Civil Judge (Senior Division), Moga, the ejectment order passed in favour of Gurdev Kaur can be executed. There are no merits in present revision. Therefore, 2 of 3 instant revision is dismissed.