Rcop

truman (Querist) 04 September 2012 This query is : Resolved
My flat in Chennai was rented out and the tenant defaulted payment of rent.I filed a RCOP case and after contest in RCA,and in HC(CRP)back to RCOP,eviction was ordered with 60 days notice on 15.06.2012.On 17.08.2012 EP was filed and delivery received on 31.08.2012. when I went with the court bailiff the tenant refused to open the door and we have to return. A affidavit for police assistance to break open is filed in the RCOP court on 04.09.2012.Now the tenant has filed RCA for stay with delay of 20 days and hence filed condone of delay and is posted for 06.09.2012.If I do not get an order for break open by 05.09.2012,what will happen to my favorable order of eviction.Can the condone delay petition be treated as a stay by the tenant and thereby counter my years of torture.I am 75 years old.Please assist me with your expert advice.

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BHARAT NARASGOUDA (Expert) 05 September 2012
when there is no stay order and there is delay in filing the RCA you request the executing court to grant the assistance of police of taking the possession and if the executing court is not doing so you have to get dismissed the RCA on the point of limitation or main petition as early as possible even by filing written arguments and also pleading that you are a senior citizen.