sound mind at the time of execution. In that
case, two suits for ejectment were consolidated and tried. Dissatisfied with
the decree, an appeal
Mr. A. Manohar Prasad vs Kotak Mahindra Bank Limited
Author: P.T.Asha
Bench: P
Mr. A. Manohar Prasad vs Kotak Mahindra Bank Limited
Author: P.T.Asha
Bench: P
Mr. A. Manohar Prasad vs Kotak Mahindra Bank Limited
Author: P.T.Asha
Bench: P
appellant is as tenant at
sufferance and is liable to ejectment in due
course of law. But his possession is not legal
nor lawful ... appellant may remain in possession until
he is ejected in due course in execution of the
decree in the suit filed by the respondent
ejectment was
granted. Hence, the respondent filed M.P.No.284 of 2004 under section 47
CPC challenging the maintainability of the execution proceedings. Though ... decree of ejectment passed by the trial Court is without
jurisdiction and it is a nullity. The trial Court and the execution court failed
property.
9. While that being so, the petitioner filed a suit for ejectment in respect
of the suit properties ... other amenities. Now, the first
respondent filed a execution petition to execute the decree of ejectment as
against the predecessors-in-title over the suit
also dismissed. After considering all the factual details, the Execution Court has dismissed the execution petition filed under Section 47 of the Civil Procedure Code ... well settled that the Execution Court cannot go behind the decree. In the ejectment suit, a decree was passed directing the petitioner / defendant to vacate
Suit for ejectment in O.S.No.137 of
1995, in which an exparte decree was passed in the year 1998. An Execution
Petition
Suit for ejectment in O.S.No.137 of
1995, in which an exparte decree was passed in the year 1998. An Execution
Petition