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Rahul   26 June 2018

Tenant not vacating shop

Hi, I had won the case against tenant and small cause court directed tenant to vacate the shop within 30 days but tenant didn't vacate the shop and after 30 days I had filed execution petition in the same court but after 65 days of judgment tenant had filed appeal in the upper court under the Limitation act under section 5. I did not receive any notice till now but traced the details from court website and now status of case is "Awaiting notice" and status of last hearing "applicant with counsel present order passed on exh.1 issue notice to the n.a."

What does it mean and should i wait for notice or direct contest the Civil Appeal.


 10 Replies

HIRAL THAKKAR (ADVOCATE )     26 June 2018

Pursue execution of judgment

Rahul   26 June 2018

Sir what about Civil M A under Limitation act section 5

HIRAL THAKKAR (ADVOCATE )     26 June 2018

It is an application for condonation of delay in filing appeal. File you say after receiving notice, till then continue pursuing execution or else he will file a stay application for execution of judgment.

Adv Rohit Dalmia 9324538481 (Lawyer)     05 August 2018

You need to expedite your Execution Petition against the Tenant. Let the Tenant serve the copy of the condonation delay application upon you to file your say. Till then act fast to exert pressure upon him.

Advocate.Amol Choubal (Advocate)     21 October 2018

file application under order 21 rule 35 (3) under civil procedure code and get the possession by breaking the lock of the shop under police protection.

the tenant will definetly take stay on execution from appealate court so better you proceed

it seems that tenant is waiting for your reaction


Better you proceed 

Suhail suhail (LAWYER)     31 January 2019

Don't wait any more and appear in the court through your laywer,may be the tenant is playing with services. Better to appear and protectb your safegaurds. even if you wait for notice that will delay your case,ask your lawyer to submit power of attorney in court and follow up strcictly.

Adv Ibrahim Deshmukh - Navi Mu (Advocate)     29 May 2019

We have our office just opposit Small Causes Court in Ashoka Shopping Center, Mumbai. If interested, please get in touch. We will be ready and willing to assist you to protect your legitimate rights.

Adv Ibrahim Deshmukh
202 Hamza Residency
Bandar Road, Near Panvel City Court
Panvel 410206 New Mumbai
Email: ibdesh@gmail.com
Mob: 7045536236

KCR............ (Confidential)     22 June 2019

Hi Rahul :

How to trace the details from court website as my tenant is having existing 7 cases

Rahul   22 June 2019

Go to court website and search with tenat name and year.Try with each year u will get details

V.Govindaradjou (Advocate)     07 July 2019

Please enter appearence in the Appellate court and persue the appeal.

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