Kannan, J.
This is a revision against the execution order in execution
for ejectment. There is a prayer for an adjournment. I decline the same
which the previous adjudication does not refer to. If
a petition for ejectment, therefore, filed by reference to the property as
having been granted ... Department, therefore, was seeking
ejectment making reference to the lease in favour of the petitioner's husband
and the execution of the said document
under Section 6 of
the Wakf Act. The counsel states that an ejectment suit of admitted
Wakf property could not have been filed before ... order and if that order is sought to be
put in execution, in my view it will no answer for a wife of a judgment
decree-holder, who had secured the order of
eviction filed an execution petition which was dismissed by the
Executing Court citing the fact that ... execution stage. The Executing
Court has already held that the decree-holder will be competent to
file a fresh execution petition at any time
passed. When it was put in
execution, the plaintiff had filed a suit suppressing the adverse order
of ejectment as passed under
order of ejectment,
moved an application for setting aside an ex parte order. Pending
application, he sought for stay of the execution of the order
fresh round has begun at the stage of the execution. At the
stage of the execution by the decree-holder, the judgment-debtors have filed ... cannot be
invoked by a tenant in an ejectment action against whom an order of
ejectment is already made. The reference to inviting adjudication under
through execution
petition. The tenants, who had been ordered to be evicted originally
later came by a favourable order of dismissal of the ejectment petition
intimate person who would know first hand that there has been an
execution of the sale deed by the plaintiffs ought to be the witnesses ... either the vendor or the vendee cannot himself prove the execution. In
this case most significantly, the defendant who was setting up a sale
deed
inter se dispute between trustees. It is simply an action for ejectment
filed by a person claiming as a landlord and when it is admitted ... Appellate Court for allowing the
appeal and dismissing the petition for ejectment was clearly erroneous
and liable to be set aside.
4. The order passed
