Notice under xxi rule 22 served for exitcution asked for rule 32(1)
deepak
(Querist) 11 November 2011
This query is : Resolved
judgement dated 20/2/2010.findings isses;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?(YES)3)do defendants prove that they are possessing suit property in their independent capacity as tenant?(NO)4)do plaintiffs prove that they own the entire material of suit shop?(YES)5)Whether plaintiffs are entitled for the reliefs claimed?(YES)6)What order & costs? as per final order.ORDER: suit stands decreed with costs. defendants are hereby restrained by order of injunction from working or conducting business insuit shop having shop no.xyz,munbai.first appeal in H.C.is pending for stay,no stay order granted after 23/8/2010.can i get possession after execution?or attachment under order xxi rule32(1)?defendant who have not obeyed the & decree passed by the Honble court on 20/2/2010.can asked order for civil prison. ihave filed execution of the decree? order is pending in civil court.
Piyush Vaishnava
(Expert) 11 November 2011
you have to file a execution of that decree.
Devajyoti Barman
(Expert) 11 November 2011
Until the stay is granted by the higher court, the decree holder can execute the decree as permissible under law.
M V Gupta
(Expert) 13 November 2011
Apart from filing execution application, you may also in consultation with ur Advocate consider filing a contempt application for violating the order of injunction passed against the defendants not to cary on any business etc in the suit premsies.
