appellant unconditionally
staying all proceedings in the Ejectment Execution Case No. 20 of 2012 before the
Civil Judge, Junior Division, 2nd Court, at Alipore till ... month, there shall be stay
of all further proceedings in the Ejectment Execution Case No. 20 of 2012 pending
before the learned Civil Judge, Junior
other option except to file
the execution application before the trial Court. On receiving this execution
application, the learned Executing Court issued notice ... case of the petitioner that the ejectment order in this
case is dated 28.11.2014 and the instant execution on its basis was filed
being raised for the
first time in the execution petition. It is proceeding on that basis the
High Court in the impugned order observed ... decree-holder was seeking
possession during execution proceedings was not the one
regarding which the ejectment order had been passed by
the Rent Controller. Neither
which says - "All proceedings including appeals and all
4
proceedings in execution of orders passed in
proceedings including appeals under the Calcutta
Thika Tenancy ... ejectment of thika tenants and
Bharatias shall stand abated with effect from the 19th
day of July, 1978, as if such proceedings, appeals or
execution
some material facts by filing the
execution. He was wanting to take a technical benefit of the ejectment order
and not accepting the demand draft
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
plea. This
Court in a series of judgment has held that in execution proceedings issues do not
have to be framed but only a proper ... property in his own right and was not liable to
be ejected from the premises and it was in such circumstances, this Court directed
to frame
follows:-
"A writ of mandamus cannot be issued for the execution of a decree or
an order. In this connection it would be sufficient ... case before us, the plaintiff is entitled to sue in ejectment; he has
brought such a suit and has been successful; he is entitled
ALLOW THE I.A. i.e. ANNEX-J AND
CONSEQUENTLY DISMISS THE EJECTMENT SUIT FILED IN
O.S.NO.1492/11 BY THE RESPONDENT / PLAINTIFF ... sole plaintiff.
Plaintiff had filed the suit for the relief of ejectment of
the defendant from the suit schedule premises in
O.S.1492
petitioner that she
was the owner of the property in question, the ejectment petitions
filed by Prem Chand (since deceased) were allowed and the
respondents ... vacant possession of the tenanted premises to the landlord.
During the execution proceedings, petitioner filed her
objections. Case of the petitioner is that
