Notice under xxi rule 22 served for exitcution asked for rule 32(1)
deepak
(Querist) 15 June 2012
This query is : Resolved
"SUIT PREMISES IS SHOP".I have file suit in the civil court, manager not showing business of my saloon shop MY Judgement date 20/2/2010."Suit stand decree with cost ,defendant are hereby restrained by order of injunction from working & conducting saloon business in the suit shop".Issues & Finding,1)DO PLAINTIFFS PROVE THEIR RIGHT,TITLE &INTEREST OVER SUIT PROPERTY? Ans:YES. 2)DO PLAINTIFFS PROVE THAT DEFENDANTS ARE IN PERMISSIVE POSSESSION OF SUIT PROPERTY? Ans:YES.3)DO DEFENDANTS PROVE THAT THEY ARE POSSESSING SUIT PROPERTY IN THEIR INDEPENDENT CAPACITY AS TENANT? Ans:NO. 4)DO PLAINTIFFS PROVE THAT THEY OWN THE ENTIRE MATERIAL OF THE SUIT SHOP? Ans: NO.5)WHETHER PLAINTIFFS ARE ENTITLED FOR THE RELIEFS CLAIMED? Ans: YES.6) WHAT ORDER &COST?Ans:AS PER FINAL ORDER. First appeal in highcourt is CONDITION stay TO PAY arrears 5.5oooo. within eight weeks.(ie)30,April 2012.stay will be continue to pay Rs.25000 per mouth as a royalty.Appellant has not paid the arrears 5.50000.LAKE.amount.which he had not paid still today. CIVIL COURT I HAVE FILE EXECUTION OF A DECREE UNDER C.P.C .32(A).I GET THE ORDER"WARRANT OF ATTACHMENT OF HIS PROPERTY" I WANT TO ASK HOW CAN I GET MY AMOUNT?2)WHAT ABOUT THE APPEAL IS PENDING IN THE HIGH COURT? 3)HOW CAN I GET POSSESSION OF MY SHOP IT SEAL.
ajay sethi
(Expert) 15 June 2012
if defendants have not complied with order and failed to pay arrears of rs 5.50000 then no appeal would be netertained . if defendant goes in appeal court may direct him to deposit arrears amount .
if you have taken execution proceedings you will get your money on sale of attached property if he dosent pay .
if however appeal against impugned order is pending execution proceedings would be stayed
Shonee Kapoor
(Expert) 15 June 2012
The appeal is his right and you would be duly intimated about the same. The Court oif appeal generally asks for depositing the rent first.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 15 June 2012
Agree with experts.
