Execution

Swarna kamal Chandra (Querist) 04 June 2013 This query is : Resolved
Is it necessary to file a fresh execution case to evict a tenant who has become ex-parte? Can the tenant move to high court and get a stay order against eviction? What are the remedies if the tenant moves to high court to make justice delayed?

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Khaleel Ahmed (Expert) 04 June 2013
Yes, EP should be filed for eviction as per the decree of the Trial Court.Right to appeal always available to loosing party.

R.K Nanda (Expert) 04 June 2013
tenant can file appeal in hc.

Ankit Jain (Expert) 04 June 2013
agreed with expert. You have to file execution.
J.D./Tenant has right to appeal. you may lodge a caveat and contest the same if you want it dispose fast.

Swarna kamal Chandra (Querist) 04 June 2013
Thanks you all for your reply.

R.K Nanda (Expert) 04 June 2013
ur welcome.

Raj Kumar Makkad (Expert) 05 June 2013
No more to add in the given replies.

Swarna kamal Chandra (Querist) 02 July 2013
can a tenant file a misc case after ex-parte hearing is over?

ajay sethi (Expert) 02 July 2013
for setting aside exparte order he can do so

Swarna kamal Chandra (Querist) 02 July 2013
then whats the remedy?

R.K Nanda (Expert) 02 July 2013
defend his application for setting aside exparte order, strongly in court.

Raj Kumar Makkad (Expert) 02 July 2013
Tenant can resort to seeking setting aside ex-parte order and decree or appeal before high court.

Swarna kamal Chandra (Querist) 03 July 2013
thanks a lot for your valuable advice.

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