1999 was a nullity.
Complainant sought to execute the decree for
ejectment in Execution Petition No.25023/2013, in
which proceedings, an application came ... execution of the same while declining to exercise
"contempt jurisdiction" as the matter "had its origin in
the ejectment suit which
cause
and pass a decree of ejectment therein. It
was further held that objection to the
execution of the decree being a nullity
having been ... 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
1981, for ejecting her tenant, namely Vasanth
Color Laboratories Private Limited and obtained a
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decree. She also initiated execution proceedings to take
possession ... suit, the object of the landlord is to
eject the sub-lessee from the land in
execution of the decree and such an object
time of admission.
2. The appellants resisted the execution of decree for
ejectment by filing an application under Order 21 Rule 97
CPC . The suit ... respondent.
Thereafter the 1st respondent instituted the suit for ejecting
the 2nd respondent stating that the latter continued in the
suit property as a licensee
Execution Petition
No.25023/2013.
3. The relevant facts being that the appellants
herein being the tenants had suffered a decree for
ejectment initiated ... were not the owners of the said property,
consequently the proceedings for ejectment could not
have been maintained.
4. Respondent Nos.3 and 4 state
other words,
there was heavy burden on the defendant to prove
execution of the said agreement of sale. Coupled with
this fact, yet another glaring ... respectively. Here is not even a whisper with
regard to execution of said agreement of sale. If really
such an agreement of sale had been
JUDGMENT, THIS DAY K.N.
PHANEENDRA, J. DELIVERED THE FOLLOWING:
JUDGMENT
This Execution First Appeal is preferred against the
order passed by the IV Addl ... 16168/1999 against the appellants (as
defendants) and others for ejectment and for delivery of
vacant possession of the suit schedule property to the
plaintiffs
further submits that as the judgment and decree
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passed is for ejectment of the respondent,
the petitioners have taken possession of the
suit schedule ... Rupees Twenty three lakhs only)
for which execution No.2317/2015 is filed.
6. Per contra, learned counsel for
the respondent submits that the judgment
Senior Civil Judge, Mangaluru, D.K. in so far as decree
for ejectment is concerned. However, time granted by
the first appellate Court to vacate ... period; and
(c) appellant shall without driving the
respondent to file an execution petition,
hand over vacant possession of the suit
schedule premises
Constitution of India assailing the order dated
28.06.2014 in Execution No.15/2010 on I.A.No.VI
passed by the Principal Civil Judge ... petitioner is judgment debtor and
respondents are decree holders in Execution No.15/2010
filed to execute the judgment and decree dated
