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(2021) Law Today Live Doc. Id. 16233 = 2021(2) L.A.R. 413
Decided on: 25.05.2021
Present:
Mr. Sanjiv Gupta, Advocate, for the petitioner
Code of Civil Procedure, 1908 (V of 1908), Order 9 Rule 13 -- Ex-parte decree – Setting aside of – Stay of dispossession -- Due to lockdown, the application has been adjourned to 06.07.2021 -- Executing Court has already got registered a sale deed in favour of the respondent and now the efforts are being made to dispossess the petitioner -- Keeping in view the aforesaid facts, the dispossession of the petitioner shall remain stayed till next date of hearing i.e 06.07.2021 -- Trial court requested to take up the main application as well as the application for grant of interim on the date already fixed and pass appropriate orders.
(Para 2, 3)
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ANIL KSHETARPAL, J. (ORAL) –
1. Admittedly, the petitioner has already filed an application under Order 9 Rule 13 CPC for setting aside ex-parte decree for possession by way of specific performance of the agreement to sell.
2. Through this petition, the petitioner prays for stay of further alienation and her dispossession. Learned counsel representing the petitioner contends that due to lockdown, the application has been adjourned to 06.07.2021. He further submits that the Executing Court has already got registered a sale deed in favour of the respondent and now the efforts are being made to dispossess the petitioner.
3. Keeping in view the aforesaid facts, the dispossession of the petitioner shall remain stayed till next date of hearing i.e 06.07.2021. This order has been passed in view of restricted functioning of the courts and ensuing summer vacations in the month of June, 2021. Learned trial court is requested to take up the main application as well as the application for grant of interim on the date already fixed and pass appropriate orders.
4. With these observations, the present revision petition is disposed of.
Order accordingly.
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