Notice under xxi rule 22 served for exitcution asked for rule 32(1)
deepak
(Querist) 25 June 2012
This query is : Resolved
"SUIT PREMISES IS SHOP". MY Judgement date 20/2/2010."Suit stand decree with cost ,defendant are hereby restrained by order of injunction from working & conducting saloon business in the suit shop".Issues & Finding,1)DO PLAINTIFFS PROVE THEIR RIGHT,TITLE &INTEREST OVER SUIT PROPERTY? Ans:YES. 2)DO PLAINTIFFS PROVE THAT DEFENDANTS ARE IN PERMISSIVE POSSESSION OF SUIT PROPERTY? Ans:YES.3)DO DEFENDANTS PROVE THAT THEY ARE POSSESSING SUIT PROPERTY IN THEIR INDEPENDENT CAPACITY AS TENANT? Ans:NO. 4)DO PLAINTIFFS PROVE THAT THEY OWN THE ENTIRE MATERIAL OF THE SUIT SHOP? Ans: NO.5)WHETHER PLAINTIFFS ARE ENTITLED FOR THE RELIEFS CLAIMED? Ans: YES.6) WHAT ORDER &COST?Ans:AS PER FINAL ORDER. First appeal in highcourt is CONDITION stay TO PAY arrears XYZ within eight weeks.(ie)30,April 2012.stay will be continue to pay royalty every mouth.Apellant has not paid the arrears XYZ.amount.Still today,, CIVIL COURT I HAVE FILE EXECUTION OF A DECREE UNDER C.P.C .32(A).there I get the order,1)THE EXECUTION APPLICATION IS ALLOWED. 2)ISSUE WARRANT OF ATTACHMENT U/O.21 RULE 32 OF THE CODE OF CIVIL PROCEDURE IN RESPECT OF MOVABLE PROPERTY OF THE DEFENDANT NO.2 AND THE RESPONDENTS LYING IN THE SUIT PREMISES SHOP.Q)1.DEFENDANT IS NOT ALLOWED ME ENTER THE PREMISES, HE SAY IN ORDER IS GIVEN IN THE DECREE,RESTRAINED BY ORDER OF INJUNCTION FROM WORKING OR CONDUCTING SALOON BUSINESS IN THE SUIT PREMISES DO NOT SAY TO REMOVE FROM THE SUIT PREMISES.I DO NOT KNOW WHAT TO DO? HOW CAN I GET THE PROSESSION?
2)EACH AND EVERYTHING IN THE PREMISES IS MY.ONLY CLOTHES AND SINGLE SUITCASE BELONG TO THE DEFENDANT . I DON'T UNDERSTAND WHAT TO DO? ADVICE ME SO THAT I GET MY PROSSESSION OF MY SHOP
Raj Kumar Makkad
(Expert) 25 June 2012
The order of eviction of the property is not being seen in the judgment so on what ground you are seeking the defendant evicting from shop? The plea of the judgment debtor is accurate as per judgment. If you are not satisfied with the decree, go in appeal.
