Execution of decree
deepak
(Querist) 16 July 2012
This query is : Resolved
"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 file the suit manager not showing business and want to remove from job. AND I GET JUDGMENT STOP WORKING,and conducting saloon business in suit premises;my lawyer made execution application for 32(1).i get the order,1)the execution is allowed.2)issue warrant of attachment u/0.21 rule 32 of the code of civil procedure in respect of moveable property of the defendant .& respondents lying in the suit premises. I WANT TO ASK HOW CAN I REMOVE FROM THE SUIT WHEN THIS ORDER IS GIVEN, WHAT NEXT STEP TO TAKE SO THAT I CAN REMOVED FROM THE SUIT?
Nadeem Qureshi
(Expert) 16 July 2012
you should contacted to a lawyer in person
