Survival of revision petition
Narayanan
(Querist) 20 June 2013
This query is : Resolved
Sirs,
Children of the Original respondent in an eviction case(brought as LRs) have filed Revision before the High Court to set-aside the order and decree of lower courts granting eviction petition. The contentions are
1. Eviction Petition has no proper description of property in schedule to identify the property
2). Present LR’s are not in possession
3) Present LRs are not proper parties as they were not in possession of the subject matter
4). Alleged Land Lord because of mis described schedule in the decree may evict the children in the guise of Execution who are residing in the adjacent property which is different property.
The Revision Petition is pending disposal( notice of Revision Proceedings in High Court is not yet issued to the alleged land lord due to lack of address).
The Question is mean while if the alleged landlord files execution case and obtains Delivery warrant,
1). Will the Revision Petition in High Court survive.
2). Will Revision Petition in High Court be continued if the Children of Original Respondent files obstruction Petition in Execution Court in case bailiff comes to vacate them from their possession?
Please clarify
Nadeem Qureshi
(Expert) 21 June 2013
Dear Querist
1). Will the Revision Petition in High Court survive.
Opinion: yes, the revision petition will be survive.
2). Will Revision Petition in High Court be continued if the Children of Original Respondent files obstruction Petition in Execution Court in case bailiff comes to vacate them from their possession?
Opinion: yes, Revision petition will be continue & after filing their obstruction petition the execution court have right to pass an order for stay of execution.
the HC also have power to stay the matter till the final disposal of revision petition.
Feel Free to Call
Raj Kumar Makkad
(Expert) 22 June 2013
It shall be better to obtain stay order against the propose execution petition filed against the impugned order of Rent controller.
