trial Court ordered
demolition of the property in execution.
3/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/08/2025 ... Despite this, the trial Court proceeded with the execution
and ordered demolition.
9. In the considered view of this Court, the execution proceedings cannot
Guruparasad – R1
Mr.D.Gopal, Advocate Commissioner
ORDER
Challenging the Order of the Execution Court Ordering demolition of
the super structure to an extent ... filed a
report. Based on the report, the Order has been passed by the Execution Court.
Challenging the same, the present revision petition has been
such a case, in execution of the decree for possession, the executing Court can order the removal or demolition of the construction made during ... property in execution of the decree. No doubt, the decree does not contain a mandatory injunction for demolition. But, when the decree for possession
demolition of superstructure but also prayed for delivery of vacant possession. In Column No. 10 of Execution Petition also, Defendant invoked Order 21 Rule ... mandatory injunction, since Plaintiff has put up construction pendente lite, Execution Court can Order demolition of superstructure and delivery of vacant possession. Plea raised
respondents 6 and 7 herein), the decree holders filed the application under Order 21 Rule ... obstructors before the Court below that the execution court cannot go beyond the decree to order for demolition of superstructure especially when the second obstructor
demolition or alteration of any building which has been erected or re-erected prior to the date on which the order of the General Officer ... after making an order of demolition under Section 248 or of the stoppage of erection of any building, or execution of any work, to make
such a case, in execution of the decree for possession, the executing Court can order the removal or demolition of the construction made during ... property in execution of the decree. No doubt, the decree does not contain a mandatory injunction for demolition. But, when the decree for possession
arrears of land revenue.
5B. Order of demolition of unauthorised construction:-
(1) Where the erection of any building or execution of any work has been ... execution of any other work was not completed on the day on which an order was made under section 5B for the demolition or removal
pending the appeal or revision or the execution petition, if the property is sold, whether the demolition order accorded by the Court for eviction will
pending the appeal or revision or the execution petition, if the property is sold, whether the demolition order accorded by the Court for eviction will
