statement,
the appellant should have approached the competent authority for execution
of the ejectment decree under Section 7(2) of the 1961 Act. The simpliciter
encumbrances, to
the respondents-landlords, failing which, they shall seek
execution of the ejectment order forthwith and appropriate
proceedings on account of violation of this
vide which objections filed by the petitioner to the execution
application has been dismissed. Ejectment order dated 03.01.2013 was
passed against the petitioner ... before the learned Rent Controller. The
petitioner, however, continued in possession and execution proceedings
were initiated by the respondent i.e. on 17.04.2018, which were
petitioner is that the disposal
of the execution case levied by the petitioners for execution of the ejectment
decree is being deferred on the ground ... appeal against the decree will not automatically
operate as stay of the execution case.
Mr. Halder, learned Advocate appearing on behalf of the judgment
debtor
proceed with the execution case. However, by order dated 22.01.2019,
at the instance of the decree holder, the execution court has accepted the
prayer ... deputation of Magistrate and Police Force
for ejectment.
Considering the aforesaid prayer, further proceeding of
the Execution Case No.08 of 2018 pending
2019
List on 25.11.2019. Till then the execution of the recovery
certificate of ejection, shall remain stayed.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J
//Jaiman
till the
next date, he shall not press the execution of the recovery
certificate of ejection.
Put up on 06/11/2019.
(NARENDRA SINGH DHADDHA
first respondent, entertained the appeal.”
14 The objection which was raised in execution in the present case did not relate to
the subject matter ... Small Causes, Ahmedabad for ejecting the Defendant-tenant. The
suit was eventually decreed in his favour by this Court. During execution proceedings,
the defendant-tenant
ejectment passed by
the Court of Small Causes. The decree came to be
challenged by civil revision application where the
High Court stayed the execution
sought to
be enforced or relied upon, even at the stage of execution and
even in collateral proceedings. A defect of jurisdiction, whether ... appellant in execution. It is already held that it is the
Controller under the Act that has exclusive jurisdiction to order
ejectment of a tenant