Whether in view of execution of mortgage
deed the relationship of lessor and lessee continues and
whether the suit for ejectment is maintainable?
(iii) Whether
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
Nikunja Mohan Bhagwati.
After the said sale was so effected and on execution of the sale deed; the said
plot of land was mutated ... interest over the plot of land, in question, as
well as for ejectment of Shri Hemo Singh from the house so constructed over
the said
Davanagere in respect of
D.No.969/3 for the relief of ejectment. The plaintiff was
appeared and filed the written statement denying the
averments ... said suit was came to be decreed and also in
the execution proceedings, the executing Court issued
warrant for delivery of possession. The present plaintiff
THIS WP IS FILED UNDER ARTICLE 227 PRAYING TO SET
ASIDE THE EXECUTION PROCEEDING EX. NO.1797 OF 2014
PENDING BEFORE THE HONBLE X ADDL ... filed OS.No.1343/2011 and
obtained a decree for ejecting the defendant herein. In
pursuance of the same she filed EX.No.1797/2014
execution petition have
been dismissed.
2. Learned counsel for the petitioner has submitted that
respondent filed an application for ejectment of the petitioner from ... parte
ejectment order. Without deciding the same, warrant of possession has been
issued against the petitioner as per ex-parte ejectment order.
3. Learned counsel
respondents, specifically respondent no.3 to register/entertain the execution application for execution of order dated 29.1.2024 passed in Case No.T 202310460513116: Kripa Shanker ... execution application which is statutorily obliged to him.
4. Learned Additional Chief Standing Counsel states that there is no difficulty in registering the execution application
that the suit is filed for ejectment. The
appellants/defendants have already vacated the premises
and the execution petition is pending for arrears of rent
Civil Suit No.
07/2015 whereby, the suit filed by respondents for ejectment,
recovery of rent arrears and permanent injunction has been
decreed.
Counsel ... respondents argued that this Court
vide order dated 04.01.2019 had stayed the execution of
impugned judgment and decree dated 12.09.2018 and said
interim order
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
20.12.2023 PASSED IN EXECUTION PETITION NO.119/2020 ON THE
FILE OF PRINCIPAL CIVIL JUDGE ... petitioner to
dismiss the execution petition was rejected.
2. The suit in O.S.No.172/2017 was filed for ejectment
of the defendant
