Execution of eviction orders
pawan kumar
(Querist) 13 August 2012
This query is : Resolved
i have filed execution of eviction orders as 2 month time given to tenant by court in its judgement to vacate is not honoured by tenant.judge has taken report from its staff that no stay is pending ag. execution in any of the courts. pl. guide whether court will summon tenant again before issuing warrant of possession.since tenant is not opening the letout place for the last 2yrs simply lock is put to harrass me. how the scrap lying in shop would be disposed of on breaking lock by ballif of the court.
Advocate Bhartesh goyal
(Expert) 13 August 2012
If execution petition is filed within two years of decree then it is not required to issue any summon/notice to tenant before issuing warrant.Court has ample power and to execute the decree court will pass the order to remove/break lock and will dispose off the material lying therein.you need not to worry.