Execution of decree
deepak
(Querist) 30 June 2012
This query is : Resolved
Notice under xxi rule 22 served for exitcution asked for rule 32(1) (Civil Law)
This query is : Open
Author : deepak
Posted On 25 June 2012 at 12:28
"SUIT PREMISES IS 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.I have prove as a manager or employee First appeal in highcourt is CONDITION stay TO PAY arrears XYZ within eight weeks.(ie)30,April 2012.stay will be continue to pay royalty every mouth.Apellant has not paid the arrears XYZ.amount.Still today,, CIVIL COURT I HAVE FILE EXECUTION OF A DECREE UNDER C.P.C .32(A).there I get the order,1)THE EXECUTION APPLICATION IS ALLOWED. 2)ISSUE WARRANT OF ATTACHMENT U/O.21 RULE 32 OF THE CODE OF CIVIL PROCEDURE IN RESPECT OF MOVABLE PROPERTY OF THE DEFENDANT NO.2 AND THE RESPONDENTS LYING IN THE SUIT PREMISES SHOP.Q)1 I HAVE A SERVANT & I WANT TO REMOVE FROM THE JOB AND I GET JUDGMENT STOP WORKING, THAT MEAN HE WILL NOT WORK BUT REMAIN IN MY PREMISES.HOW CAN I CAN REMOVE FROM MY PREMISES? WHEN HE HAS NO INDEPENDENT CAPACITY AS TENANT.WHAT ORDER C.P.C. SO THAT I CAN REMOVE ?CAN ORDER CAN MODIFY ,HOW?
adv. rajeev ( rajoo )
(Expert) 01 July 2012
When there is no order of eviction, you cannot be disppossed from the shop. Only you are restrained by the court from doing your work
Kiran Kumar
(Expert) 01 July 2012
why this civil suit was filed?
have you sought relief of possession as well?
Whether any proceedings were undertaken under the relevant rent laws of the state?
