ZakirAppas A 11 October 2017

Uncontested--ex-parte order

Hi All,

Our Tenant filed a case against us and go stay order for the premises. The case is n Trial stage. We have filed a separate case for asking rent and evict him from the property. The case is disposed of as Uncontested ex-parte order. Does it mean the respondent didn't turn up for the case and didn't submit/ provide any evidence for the case or how it will be? Can we take the possession of the house or do we need to file the EP(Execution Petition) or how it will be? if we are taking possession of the property now without filing an EP, what are the consequences we need to face? What will be the next steps in the case which our tenant filed against us? Can we get the order details online? The case happened at district munisf court and I am not able to find the court order online(Ecourt site)

Thanks for your suggestion and time. Thank you!!

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2 Replies

Siddharth Srivastava (Advocate) 11 October 2017

If tenant gives justified reason then he can file necessary application for setting aside exparte order. You file execution in your case and also file necessary application in the case filed by the tenant for vacation of the stay order on reason of order passed in your case.

Shiddhartha Banerjee 15 October 2017

Sir

The tenant have the opportunity to vacate the ex-parte order by providing sufficient ause. You have to file the execucation case and appear in the tenant's suit and provide the judgement of your case to vacate the stay order.

Thanks