execution proceedings, respondent no.5 was
evicted, from the encroached area, as recorded in Rapat
Roznamcha, dated 30.12.1999, Annexure R-5/2. The execution
application ... seeking the ejectment of legal
representatives of Dariyao Singh and others from the street. The
petition was tagged with the execution application. Pursuant
Board and prayed for injunction. In the meantime, Wakf Board filed
ejectment petition before the Sub Divisional Magistrate, Ludhiana.
The petitioner appeared and filed reply ... Magistrate had directed his
ejectment and the possession of the disputed land has been
delivered to the Board in execution proceedings.
The Board then filed
thereby ordering
ejectment of the petitioner. The possession of the shop in question was
delivered to the respondents in execution of the decree
dated 28.11.2011 passed by the Civil Judge (Jr. Div.), Kishangarh (Ajmer) in Execution Case No.6/2010.
Briefly stated facts of the case are that ... respondent no.2 had filed a civil suit no.57/2007 seeking ejectment and recovery of rent against the petitioner. Said suit was decreed
Calcutta in Misc. Case No. 34 of
2012, arising out of the Ejectment Suit No. 1100 of 2001.
The petitioner filed the Misc. Case under ... Ejectment Suit. The Misc. Case No.
34 of 2012 is fixed for hearing on 02.04.2012. The decree
holders/opposite parties herein filed an execution proceeding
existence, execution and loss
of the original document. Nothing observed in this order shall have
any bearing on merits of the ejectment petition
stay of further proceeding of
Execution Case No. 3 of 2009 pending in the Court of Sub-Judge -II
Koderma.
Learned counsel for the appellants ... Execution case is not
stayed, he will suffer irreparable loss.
Learned counsel appearing for the respondent has
submitted that though the suit of ejectment
execution proceedings arise out of the eviction proceedings and the order
dated 24.08.2007 passed by the Rent Controller, Yamuna Nagar on the
ejectment application ... prays for stay, whereas learned counsel for the respondent
states that no execution has been filed till date.
Now to come up for arguments
eject the petitioner from the said shop premises. The
respondents are, thus, required to be restrained from taking any coercive step for
ejectment ... ejectment order is of the year 2008, I find no ground
made out for restraining the respondents from taking any coercive step for execution
petition has been filed inter alia alleging
that despite an order of ejectment passed against
Gurvinder Singh, Sarpanch of the Gram Panchayat, who is
allegedly ... ejectment order is still operative, the BDPO of the
area concerned is directed to represent the Gram
Panchayat and seek execution of the said order