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Showing contexts for: ejectment execution in A.Devamalai vs K.Rajendran on 4 February, 2020Matching Fragments
3.Per contra, the learned counsel for the respondent/decree holder would contend that pursuant to the order in E.A.No.4847 of 2017 in EP.No.1915 of 2013, he has taken possession of the suit property on 29.11.2013.
4.Heard both sides and perused the records.
5.The learned counsel for the respondent submits that the plaintiff has filed the suit in O.S.No.4156 of 2010, for ejectment. The suit was decreed and the execution petition has been filed, within a period of two years from the date of the decree. Initially notice was ordered to the petitioner/Judgment Debtor on 06.06.2013 and thereafter, advance hearing petition has been filed. After advancing the hearing, the execution petition was taken up and notice to the petitioner/Judgment Debtor was dispensed with in EA.No. 4847 of 2013 in EP No. 1915 of 2013 and on that day, E.A.No.4847 of 2013 was allowed and subsequent orders have been passed. As per proviso of Order XXI and Rule 22 of CPC., once the final decree had been passed on merits, there is no notice is required to be sent to the Judgment debtor with regard to the execution of the petition. http://www.judis.nic.in 2 of 4