holder (original lessee), who himself was
a lessee can proceed with the execution petition and seek
possession of the property over which the judgment debtor ... Trial Court whether the petitioners can be ejected when
they themselves ie. Jdrs are facing the ejectment suit in
O.S.No.153/2010
jl1i'2009 PASSED ON 1.A.NO.3 IN EXECUTION
NO;.34/_200f9= ON THE FILE OF TEE CITY CIVIL JUDGE,
BANGALORE, DISMISSING ... Execution
N0.l3=?l/2--(:)i)$3".llwl1ich is filed by the respondent herein to
h Ilercergutellihe decree of ejectment passed
suit for ejectment was filed in
O.S.No.2/2004. The said suit was decreed and in terms of
decree, the execution petition
Execution Petition
No.25023/2013.
3. The relevant facts being that the appellants
herein being the tenants had suffered a decree for
ejectment initiated ... were not the owners of the said property,
consequently the proceedings for ejectment could not
have been maintained.
4. Respondent Nos.3 and 4 state
praying for impleading the applicant as a party to the execution proceeding. As I have already pointed out above the very prayer ... decree for possession or ejectment or an order of eviction passed under the Act, to obstruct the execution either by filing an objection
said to be the plaintiff, who had filed the suit for
ejectment against the defendant, who is none other than his
brother and the said ... ejectment as well as in the appeal and
the same having been negatived, such a contention would no
longer be a bar for the execution
dismissed. Thereafter, the respondent has initiated
execution proceedings in execution case No.9/2011. In the
said execution proceedings, the petitioner has filed an
application ... ejection of the petitioner.
The Trial Court has decreed the suit. It is confirmed in the
appeal. Thereafter, the respondent has initiated execution
proceedings
decree of
ejectment before this court in CRP No.405/2012. In the
meanwhile, the case notice was issued by the Execution
Court wherein
decree of
ejectment before this court in CRP No.407/2012. In the
meanwhile, the case notice was issued by the Execution
Court wherein
Judgment Debtor (JDR) in
Execution Petition No.88/2015 on the file of II Additional
Civil Judge, Mysuru. The said execution has arisen ... decree passed in O.S.No.713/2014 a suit filed for
ejectment of this petitioner from the schedule premises
described in the schedule appended
