JANARDHAN ENTERPRISESA REGD PARTNERSHIP FIRM Vs. G. KUMAR

JUDGEMENT

(1.) Petitioners being the DHrs in Execution 457/2020, are invoking the writ jurisdiction of this court for assailing the order dated 28.9.2020, a copy whereof is at Annexure- A whereby, learned Judge of the court below has restricted the execution of the decree in question to the premises admeasuring 1500 sft. and thereby, leaving the other small premises admeasuring 150 sft., situate beneath the staircase leading to the first floor.

(2.) After service of notice, the respondent-tenant having entered appearance through his counsel, vehemently opposes the writ petition making submission in justification of the impugned order and the reasons on which it has been predicated; the gist of his defence is that the petitioners subsequent to passing of the eviction decree has admitted in the execution proceedings that the smaller portion admeasuring 150 sft. is not part of the demise of the lease and therefore, impugned order cannot be faltered.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant indulgence in the matter for the following reasons: