execution petition was to move an application
for the continuation of the execution proceedings. Since the
execution proceedings have been abandoned, the suit for
ejectment ... during the
pendency of the proceedings can continue the execution
proceedings or file fresh execution proceedings. But they do
not impose any embargo
suit, the object of the landlord is to eject the
sub lessee from the land in execution of the
decree and such an object
being the decree holders had levied Execution
No.1018/2012 seeking to execute the judgment and
decree for ejectment passed in O.S.No.5429 ... applications in the instant execution petition. Only the
appellant who was the applicant in I.A.No.1 in the
execution proceedings is before this
injunction holding that
defendants have taken possession of suit schedule property
in Execution Petition No.749/2008, which was filed to
execute the decree passed ... plaintiff
3
and there was decree for ejectment. The defendants have
taken possession from plaintiff in Execution Petition
No.749/2008. The learned trial Judge
dismissed. Thereafter, the respondent has initiated
execution proceedings in execution case No.9/2011. In the
said execution proceedings, the petitioner has filed an
application ... ejection of the petitioner.
The Trial Court has decreed the suit. It is confirmed in the
appeal. Thereafter, the respondent has initiated execution
proceedings
over the possession
of the premises and even in the execution proceedings for
execution of the order, have been raising frivolous objections
3
and such ... suit being one for ejection, we refrain to exercise contempt
jurisdiction in a matter of this nature, as execution petition
has already been filed
aforestated suits are void-ab-initio. The Execution Court
should have dismissed the execution petitions on this
ground.
6
6. The learned counsel for respondent ... learned counsel for respondent would submit
that, aforestated suits were filed for ejectment, arrears of
rent and damages. The court of 26th Addl. City Civil
pendency of O.S.107/01, it is
only subsequently he filed ejectment suit wherein he
established defendant was the tenant. He would submit ... tenant under him, undoubtedly defendant was in
permissive occupation after execution of the sale deed.
Since the defendant had not put forward any other plea
left with no alternative remedy ani he faces |
the prospect of immediate ejection, from the 'suit
schedule property without an: opportunity of being
heard ... present appellant's endeavour is only to
ae = stall the execution proceedings and to deny the benefit
of the judgment and decree, which
Judge (Jr.Dn.), Karwar in E.P.No.81/2009
dismissing the execution petition holding that, the decree
passed by a Court having no jurisdiction ... Court and could result in a decree either for eviction
in an ejectment suit or for any other purpose including
recovery of money, if should
