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...disputing the site plan and identity of the property. After considering the said objection, the executing court issued a warrant of possession for delivery of the possession of the proper...possession was made by the executing court on 12-11-2002. The respondents on 16-11-2002 filed another application calling upon the executing court to first decide the identity of the property before issuance of the ...:“As the following property, disputed property, is in possession of JD, the possession of the same be handed over to the decree-holder. You are directed that in case any person who ...
...V.D Tulzapurkar, J.— The only question raised in this appeal is whether a warrant for recovery of possession can be issued in favour of a landlord without notice to the tenant...cancelled the date July 16, 1982 fixed for filing the plan, took on record certified copy of the plan and issued warrant of possession in favour of the appellant. On July 9, 1982 the appellant took...possession of the house through the bailiff and started residing therein with his family members.4. On July 14, 1982 the respondents filed a writ petition [CM No. (Main) 174 of 1982] in the Delhi ...
...Amit Rawal, J.:— Petitioner-judgment debtors are aggrieved of the impugned order dated 12.8.2016, whereby warrant of possession has been ordered to be executed as per the demarcation...Sunami. The decree is being executed in respect of warrant of possession issued in execution of the judgment and decree dated 9.2.2012 in respect of the subject matter of the property ind.... The apprehension of the petitioners cannot be redressed here because preceding to the execution of warrant of possession, there has to be an order of attachment. Neither order for ...
...which, the application filed by the petitioner for demarcation of the land and to recall the warrant of possession has been dismissed. Briefly, the facts of the case as mentioned in the petition, are...petitioner filed an application for demarcation of the land and to recall warrant of possession, which was dismissed vide order dated 14.10.2016, which is subject matter of challenge in the present...warrant of possession has been dismissed being rendered infructuous, as warrant of possession has already been issued. Learned counsel further submits that it would be in the interest of ...
...RANJIT SINGH, J.The petitioners are primarily aggrieved against the order passed by the respondents in issuing a warrant of possession. The petitioners have already filed...case sine-die to await the decision in the civil suit. Now, respondent No. 2 has passed the order issuing warrant of possession, which is impugned through the present writ petition...warrant of possession. The petitioners may do so within a period of two weeks from today. Till then, warrant of possession shall remain stayed. Thereafter, the Civil Court would be at lib...
...fourth respondent, learned Civil Judge (Junior Division), Sardarsahar, District Churu, for executing warrant of possession issued by it on 18th April, 2013 in Execution Case No. 2/2008 in accordance with...to the submissions of the learned counsel for the petitioner, the Assistant Nazir is hand in gloves with the judgment-debtor, and therefore, he is not inclined to execute the warrant of possession and...has not taken requisite steps for execution of warrant of possession.Taking into account the peculiar facts and circumstances of the case, I deem it just and appropriate to direct the...
...warrant of possession of the property in dispute. The aforesaid order is impugned before this court.Learned counsel for the petitioner submitted that while dismissing the application filed...warrant of possession as no such prayer was made by the decree holder before the court below. If the respondent-decree holder was aggrieved against the rejection of his application for restraining the...impugned order. When the objections filed by the petitioner were still pending, police help could not have been provided for execution of warrant of possession.Learned counsel further...
...September 7, 1981. The executing Court in compliance with the decree issued warrant of possession and directed that the possession be got delivered to the respondents after providing them police help. On...coming to know about the issuance of warrant of possession and police aid, the petitioner filed objection petition. In the objection petition it was claimed that the decree has already been satisfied...jurisdiction to issue warrant of possession and provide police help in order to secure possession from him in compliance with the decree. The precise contention is that the decree can be executed only...
...warrant of possession for specific khasra number cannot be issued in pursuance to the decree of specific performance. The learned counsel further contends that the decree dated 2.3.2005 is only to the...he is a co-sharer and possession of specific khasra number cannot be delivered. The warrant of possession issued by the Executing Court should have been in respect of share, instead of sp...for the petitioner and perused the record.Admittedly, the decree is with regard to the extent of 1/4 share out of total land and in such circumstances, the delivery of possession of specific...
...The petitioner has been ordered to be evicted by the Assistant Collector 1st Grade Moorang, District Kinnaur and warrant of possession has been issued. The order of eviction, passed by..., District Kinnaur and warrant of possession has been issued. The order of eviction, passed by the Assistant Collector, is surely appealable before the higher Authority in the Revenue 1 Whether...remedy. At the same time, having regard to the fact that warrant of possession has been issued, the instant writ petition is disposed of with a direction that status quo re: possession shall be maintained...
.... JUSTICE UMESH A. TRIVEDI
Date : 06/07/2022
ORAL ORDER
This petition prays for stay of warrant of possession issued
pursuant to a judgment and decree passed by the...therefore, if at all,
any relief is to be prayed for seeking stay of warrant of
possession would be available to the petitioners before the
appellate Court.
In view...thereof, this petition, which is filed straightway
here, praying for setting aside the order of warrant of possession
cannot be entertained. Hence, it is rejected.
(UMESH A...
...14.10.1998, passed by Sub Divisional Officer-cum-Assistant Collector 1st Grade, Rewari (Annexure P-1) and to implement the warrant of possession dated 16.11.2018 issued by District Revenue Officer-cum...-Assistant Collector 1st Grade, Rewari (Annexure P-2). Counsel for respondents No.1 to 5 has submitted that the warrant of possession has been executed against all the respondents but for respondent No.10 (ii...no CWP-10854-2020 -2- impediment before respondents No.1 to 5 to execute the warrant of possession. Mr. Sudhanshu Makkar, Advocate appearing for respondent No.10 (ii) has submitted...
..., impugning order dated 26.08.2013 (Annexure P-1), passed by the Executing Court and warrant of possession (Annexure P-4), issued pursuant to order Annexure P-1.Respondents no. 1 to 3...- decree-holders (DHs) have filed execution petition against proforma respondent no. 4 - JD. In the said execution petition, warrant of possession of the suit property was issued, but the same could not be...issuance of fresh warrant of possession of the disputed shop with direction that possession be delivered after breaking open the lock and resultantly, warrant of ...
...dismissing the objections of the judgment debtor had directed the decree to be executed by issuance of warrant of possession and the report of the executing agency was called for. On 07.09.2024, t...? H ig h Co
1
executing Court showing execution of warrant but learned executing Court having...pursuance to order dated 08.08.2024 had remained unexecuted and in this background the order dated 11.11.2024 was passed directing the issuance of warrant of possession again. On...
...the statements. Accordingly, in terms of the statement of the parties, warrant of possession be issued with specific instruction of bailiff to take assistance of concerned revenue officia...Himalayan Cooperative Group Housing Society v. Balwan Singh, 2015 AIR (SC) 2867.3. He submits that the consequential order of warrant ...have immediately ordered for possession. Parties should have been given time to examine the demarcation report. Accordingly, order of warrant of possession is ordered to be deferred. Before such action...
...Petition No. 2/10 of 1998 dated 16.9.1999(ii) The report of the Collector, Sirmaur District dated 18th November, 1999, in respect of warrant of possession of the land in ca....(iv) Certified copy of the warrant of possession in original.(v) Certified copy of the report of Tehsildar, Nahan in respect of the warrant ....(vi) Certified copy of the report of Field Kanungo dated 18.11.1999(vii) Subsequent warrant of possession dated 20.11.1999(viii) Report of the Tehsild...
...dismissed by the Executing Court on the ground that the warrant of possession was duly executed earlier and the report was given by the revenue officials that on the spot possession of the plaintiff-applic...possession has been received back, duly executed, further warrant of...possession, cannot be issued. The objections of the decree holder were, thus, dismissed in the execution petition, being fully satisfied by way of execution of the warrant of...
...respondent No.1 to decide stay application dated 06.10.2022 (Annexure P-4) filed along with appeal dated 06.10.2022 (Annexure P-3) as warrant of possession has been issued...
submitted that warrant of possession has been issued and the same is to be executed on 24.01.2023. It is prayed that the petitioners be permitted to move a...and has perused the paper-book.
Keeping in view the prayer made by the petitioners and the fact that as per the case of the petitioners warrant of possession has been...
...claimed to be the tenant of the appellant, recalling the warrant of possession issued by the Controller in pursuance of a decree dated July 31, 1971 passed against Respondent 1.2...and the appeal against that order also failed. Thereafter Respondent 1 filed an application under Section 25 of Delhi Rent Control Act (hereinafter referred to as the “Act”) for recalling the warrant of possession ...Controller allowed the application and recalled the warrant of possession by its Order dated December 20, 1966. The matter was then taken up by the landlord in appeal to the Rent Control Tribunal which...
...with the petitioner stated that the latter is ready to part with half portion measuring 50 square yards out of the 100 square yards i.e Involved in the decree under execution and that the warrant of possession may...be issued, accordingly.It has been noticed that in the impugned order, Executing Court directed that warrant of possession be issued and bailiff was directed to give report...uptill 19.10.2013 This observation of the Executing Court is being construed by the petitioner, that the warrant of possession will be issued in respect of the entire house. This could not take place...