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(2022) Law Today Live Doc. Id. 17376 = 2023(1) L.A.R. 567
Decided on: 22.12.2022
Present:
Mr. Mohit Garg, Advocate, for the petitioner.
Constitution of India, Article 227 – Rent laws – Eviction of tenant – Direction for expediting execution – Eviction by Rent Controller on 21.02.2018, appeal was dismissed on 26.07.2022 -- Execution petition on 16.03.2022, respondent-tenant appeared before the executing court and the case was adjourned for filing objections -- However, objections were not filed on the adjourned date nor on the next date -- Case now stands adjourned to 20.01.2023 for filing objections – Direction given to Executing Court to decide the execution application as expeditiously as possible without affording unnecessary adjournments to the respondent-judgment debtor.
(Para 1-5)
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TRIBHUVAN DAHIYA, J. (ORAL) –
1. This is a revision petition under Article 227 of the Constitution of India seeking a direction to the executing Court to expedite hearing of the execution petition No.149/2022 filed by the petitioner-landlord.
2. The facts in brief are, the respondent-tenant was ordered to be evicted from the shop in question by the Rent controller vide judgment dated 21.02.2018, against which the appeal was dismissed on 26.07.2022 by the Appellate Authority. The execution petition was filed by the petitioner-landlord on 16.03.2022.
3. A perusal of the short orders placed on record shows that the respondent-tenant appeared before the executing court on 05.08.2022, and the case was adjourned to 14.10.2022 for filing objections. However, objections were not filed on the adjourned date nor on the next date, i.e., 02.12.2022. The case now stands adjourned to 20.01.2023 for filing objections by the judgment debtor (respondent-tenant).
4. Learned counsel for the petitioner contends that ejectment application was filed on 28.04.2014, and despite the ejectment having been ordered by the Authorities below, the petitioner-landlord has not been able to get possession of the premises in question, and the matter has been adjourned thrice by the executing Court also, on the asking of the judgment debtor, who is taking adjournments only to delay the execution.
5. In these circumstances, the executing Court is directed to decide the execution application as expeditiously as possible without affording unnecessary adjournments to the respondent-judgment debtor.
6. Disposed of.
Order accordingly.
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