INDIA, PRAYING TO QUASH
THE IMPUGNED ORDER DATED 01.04.2017 ISSUED IN
EXECUTION PETITION NO.66/2015 ON THE FILE OF THE
PRL. CIVIL JUDGE ... that judgment and decree for
ejectment having become final as on date, respondent -
decree holder has continued the execution proceedings
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and no fault
judgment and decree of
ejectment having attained finality in R.F.A.379/2014,
respondent herein has filed an Execution Petition in
Execution case
tenancy created and thereby a fresh lease
had been created. Therefore, execution proceedings is bad in
law. He would also submit when an application under ... fact that he brought the suit for ejectment itself shows
that his intention was to eject the judgment debtor after
having terminated the tenancy. Hence
that the
discretionary power vested with the executing court to
stay the execution proceedings by invoking Rule 29 of
Order XXI is conspicuously absent ... execution proceedings initiated by the decree
holder of O.S.No.96/2003 to stay the execution
proceedings. It is in this background, co-ordinate
also came to be dismissed.
2. Respondent herein filed a suit for ejectment in
O.S.252/2012 which came to be decreed by Judgment ... application for stay. Lower Appellate court
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allowed I.A.2 and execution of Judgment and decree
passed in O.S.252/2012 came
absence
of their signature and defendant having specifically
denied the execution of said document (Ex.D-1) and also
said document by itself not creating ... instant
case, as already noticed hereinabove suit in question
being for ejectment, defendants sought to raise a plea
with regard to there being variation
Smt Uma Nagaraj vs Sri Mohammed Kaleem on 17 April, 2017
Author: Aravind Kumar
Bench
M/S Sos Childrens Village vs Dr G T Channa Reddy on 30 May, 2017
