Execution

Querist : Anonymous (Querist) 10 September 2011 This query is : Resolved
Dear sir

I filed a suit for eviction against my tenant and won the case. The rent controller allowed the eviction of the tenant after 3 months from the order. The order was of october 2010. The Tenant filed an appeal in sessions. The case was argued but before the learned sessions judge could have ordred he was transfered. Since last 5 months the avocated for tenant come s and take an adjornemnt for 40-45 days. This he as done three times. Incidently the tenant has not stay from the sessions. I want to know
1. Can i file execution ?
2. Can i get a warrant of possession in the execution?

or what is the way form me from here ?

Follow Query

Report Abuse

Shastri J.K. (Expert) 10 September 2011
Yes,you Can file execution.

prabhakar singh (Expert) 10 September 2011
Yes in absence of any stay order passed,the decre is in operation and can be executed,so you can file execution.

Advocate. Arunagiri (Expert) 10 September 2011
You have not mentioned anything about the stay application and interim order of the RCA?

Querist : Anonymous (Querist) 10 September 2011
the tenant had filed a stay application in the appeal but the previous judge did not give stay as he considered that the tenant if gets stay will do all to delay the matter. The new judge has not taken usp the file and the counsel for the tenant takes a date from the reader for next 40-45 days. It has happened three times. there is no stay order whatsoever in the case