10th of each calendar month, then the stay on
execution of the ejectment order shall come to an end. For necessary
reference, the relevant part ... landlord failing which the
interim order dated 04.03.2014 regarding stay of execution of
ejectment order shall come to an end. "
However, tenant
Learned counsel submits that respondent filed an execution
petition (Annexure P-1) for execution of ejectment order dated 02.03.2017,
passed against the petitioner. The petitioner
earlier point of time, ejectment proceedings were initiated against the
petitioner, under Section 7 of the Act wherein, his ejectment was ordered
and those proceedings ... have become final. It appears that with a view to
delay execution of ejectment order, this writ petition was filed.
No case is made
agreement dated 07.02.2006.
However, in spite thereof, the defendants filed execution petition for
executing ejectment order (Annexure P-1). The plaintiff sought temporary
injunction restraining ... find no ground to grant temporary
injunction to the plaintiff against execution of ejectment order passed by the
Rent Controller. Plaintiff has failed to make
appeal which was dismissed on
15.01.1982 confirming the decree of ejectment. The execution petition
has been levied by the petitioner on 24.03.1982 after the disposal ... period of limitation in any suit or application for
execution of decree, the institution or execution of which is stayed by
injunction or order
passed by the Assistant Collector Ist Grade, Jalalabad in
execution proceedings for execution of the decree dated 11.6.2004 (Annexure
P1) for possession of land measuring ... filed an application for
execution on 6.5.2005 to obtain possession of the land in question in
execution of the ejectment order dated 11.6.2004 (Annexure
Haryana whereby the Assistant Collector
1st Grade passed the ejectment order dated 18.12.2015. The execution
application is pending adjudication but in between the Sarpanch, Gram ... order
in favour of the plaintiff. Since the execution application seeking
enforcement of the ejectment order is pending, the application was not
maintainable
been obtained in due course of law and in execution of
the exparte ejectment order aforementioned. The learned Rent
Controller ordered the restoration of possession ... emerges is as under:-
The tenant had been dispossessed in execution of an
exparte ejectment order which (order) came to be set aside
execution petition instituted by petitioner
against respondent no.1-judgment debtor (JD) and thereby dismissing the
execution petition filed by the petitioner-DH.
Ejectment petition ... civil
Court. Thus the execution petition was filed in Civil Court for execution of the
ejectment order. Respondent no.2 filed objections under Order
exparte ejectment order passed against them. It would, however,
depict that due opportunity of hearing was given to the plaintiffs before
passing of ejectment order ... process of law and is seeking to remove the encroachment by execution
of ejectment order passed under section 7 of the Act. Consequently, no
injunction