DIRECTION
OR ORDER TO THE TRIAL COURT TO DISPOSE OF THE
EXECUTION PETITION NO.2271/2009 PENDING BEFORE THE
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE ... Court regarding cases in Track-II i.e., Execution
Cases, Divorce and Ejectment matters, the Presiding
Officer shall endeavor to dispose of the cases within
order dated 8th June 2017 on I.A. No.2 made in
Execution No.1222/2017 on the file of the III Additional City
Civil ... 6322/2014 against the defendant/respondent no.2 -
Satish @ Satish Shetty for ejectment, arrears of rent and
for damages contending that the suit schedule property
filed
the present writ petition against the Order dated
02.01.2019 made in Execution No.100/2008 on the file
of the Addl. Senior Civil Judge ... 2002 before the Prl. Civil Judge (Sr.
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Dn.) Udupi, for ejectment, and to direct the defendants
to surrender vacant possession of the plaint premises
would further contend that there is a dispute with regard to
execution of the agreement. The suits between the parties and
relief sought ... that the respondent-plaintiff has filed
S.C.NO.339/2014 for ejectment on the ground that the lease
period has been expired
permit the amendment
would create needless complications at the
stage of execution in the event of the plaintiff-
appellant succeeding in the suit.
6. The appeal ... amendment sought for by the plaintiff in the
suit for ejectment is imperative for proper and effective
adjudication of the case. The amendment will
complainant reads as under:
"The Complainant had filed a suit for ejectment
petition before the Principal Chief Judge Small
causes at Bengaluru ... aggrieved by
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the same preferred this proceedings and also had
filed execution proceedings, in the said Execution
petition the trail court had issued delivery
UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
EXECUTION NO.1541/2018 ON THE FILE OF COURT OF
SMALL CAUSES ... 2011 for ejectment against
respondent Nos.9 to 11, present petitioners before the
Small Causes Court, Bengaluru. After contest, the suit
for ejectment came
confirmed in the Suit.
3. I submit that the confirmation of the
ejectment Order awarded by the Sole Arbitrator
has been challenged in the above ... Suit
Schedule Property without driving the
Respondent/Landlord to file Execution
Proceedings. I further undertake not to seek any
further extension of time beyond
plaintiffs filed the suit O.S. No.513/2012 for
ejectment against the present petitioner. After contest, the
suit came to be decreed ... Rule 5 of Code of Civil Procedure to stay the
operation and execution of the Judgment & Decree passed
by the trial Court. After hearing
Sri. R. Anthony Joseph vs Sri. Francis Billomane on 23 December, 2020
Bench: B.Veerappa
