filed execution
petition in Execution Case No.774/2020.
5. There was an obstruction caused by the Judgment
debtor stating that in the ejectment proceedings
bear the
signature of the first defendant. He has admitted that after
execution of Ex.P.2, he has not issued any notice ... suit. He admits that second
defendant has filed a suit for Ejectment against him and his
father in O.S.No.11033/2006
defendant to the plaintiff at an undisputed point of time,
suit for ejectment by terminating the tenancy by issuing notice
under Section ... sought to be enforced or
relied upon, even at the stage of execution and even in
collateral proceedings. A defect of jurisdiction, whether
order of a
Court or of a Judicial Officer acting in the execution of
his office;
(3) a suit concerning an act or order purporting ... Wards, or by
an Officer of a Court of Wards in the execution of his
office;
(4) a suit for the possession of immovable property
matter,
learned trial judge not only decreed the suit for
ejectment, but also arrears of rent ... that decree of the trial
Court has been executed by filing the execution petition
and it was not voluntary act of the defendant. Pursuant
Taking note of these aspects of the matter, the
decree of ejectment passed by the Trial Court requires no
interference that too in the revisional ... file execution petition voluntarily vacating the premises on
or before 31.03.2026.
16. Accordingly, the following :
ORDER
(i) Revision Petition is dismissed.
(ii) However, time
SMALL CAUSES JUDGE, AND ACJM, AT
BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN ... regularly and without driving the land lord to the
execution proceedings and not inducting any other
person or creating third party interest in respect
ADDITIONAL JUDGE, COURT OF SMALL CAUSES,
BENGALURU PARTLY DECREEING THE SUIT FOR EJECTMENT,
ARREARS OF RENT AND MESNE PROFITS.
THIS PETITION, COMING ON FOR ORDERS ... property has already been handed over to the
respondent pursuant to the execution
proceedings initiated by the respondent. In the
circumstances stated above
ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BENGALURU,
DECREEING THE SUIT FOR EJECTMENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN ... mesne profits are yet to be determined,
the above execution be closed entering partial
satisfaction
over the suit schedule premises
without driving the respondent/land lord for execution
proceedings and also with a condition to pay arrears of rent ... schedule premises to the respondent/landlord
without driving the respondent to file
execution proceedings.
(iii) Appellant shall undertake to pay the
rents/mesne profits
