part of the present petitioner to vacate the tenanted premises execution process for
ejectment of the present petitioner would be initiated. On the basis
Title Appeal No. 44
of 2017 regarding Execution Case No. 11 of 2017 arising out of Ejectment
Suit No.159 of 2004 (Dipak ... preferred Title Execution Case being No. 25 of 2007 for
the execution of the judgment and decree passed in connection with
Ejectment Suit
Petition filed under Section 24
of C.P.C., to withdraw the Execution Petition ... years from the date of
decree for ejectment.
http://www.judis.nic.in
3
2.2.The Execution Petition was contested by the petitioners
execution application already stand dismissed. The limited prayer made
in the civil revision is for an early disposal of the execution application for
possession ... against the order of ejectment.
This would also be evident from the fact that the objections filed to the
execution application stand dismissed
submitted that the applicant is not aggrieved with the decree for ejection
passed against the proforma respondents No. 5 and 6 (i.e. defendants ... aggrieved by the decree for ejection passed against the
applicant, this Court is inclined to stay the execution of money part of the decree against
woke up and
file the present objections merely to delay the execution
proceedings.
Thus, in view of the above discussion, it can be
concluded that ... absence of any interim
stay as regards execution of the ejectment order the only and the inevitable
option before the executing Court was to dismiss
respondents as plaintiffs filed the suit against the
present defendants appellants for ejectment on the ground of non payment of rent to the
plaintiffs respondents ... appeal was filed.
But the decree for ejectment was executed.
In view of the developments after the execution of the decree passed by the learned
respondent temple has obtained a decree of
ejectment as against the main tenant. When the execution
petition was filed under Order 21, Rule ... recognise the revision petitioner as a
tenant. In a suit for ejectment against the main tenant a sub-
lessee or any one claiming under
execution application already stand dismissed. The limited prayer made
in the civil revision is for an early disposal of the execution application for
possession ... against the order of ejectment.
This would also be evident from the fact that the objections filed to the
execution application stand dismissed
against some of the private
respondents, warrants of ejectment have been issued which are
pending execution. It is thus obvious that eviction orders have been