VANNAMMA AND ORS. Vs. ZAKIRUNNISA AND ORS.

JUDGEMENT

(1.) ORDER of the executing Court dated 21.6.2014 passed in various execution petitions which are produced at Annexures -A1, B1, C1, D1, E1, F1, G1 and H1 are assailed in these writ petitions.

(2.) THE facts germane to the case are that the petitioners who were the tenants of late one Mohammed Allauddin. They latter had filed eviction petitions against petitioners under Section 27(2)(r) and (o) of the Karnataka Rent Act, 1999. The trial Court by order dated 24.4.2009 dismissed those eviction petitions and declined to grant a decree of eviction. Being aggrieved by that order, late Mohammed Allauddin had filed HRRP Nos. 89, 90, 91, 92, 94, 95, 96, 97 of 2010 before this Court. By order dated 7.12.2010, those eviction petitions as well as revisions petitions were allowed. The petitioners herein were ordered to be evicted from their respective premises and eighteen months time was granted to them to quit, vacate and deliver vacant possession of the premises to the landlord. After lapse of the aforesaid time and after waiting for nearly two years thereafter, during which period the landlord died, his legal representatives filed execution petitions seeking execution of the order dated 7.12.2010 passed by this court. The petitioners herein, who were served in the execution petitions have engaged a counsel and sought time to file objections. The executing Court by the impugned order has stated that the petitioners had to vacate the premises within the period of eighteen months from 7.12.2010 as ordered by this court. Despite lapse of 3 years, the petitioners herein had not vacated the premises and therefore no lenience could be shown to them and accordingly ordered for issuance of delivery warrant with police help returnable by 26.7.2014 in all the execution petitions. Those orders are assailed in these writ petitions.

(3.) LEARNED counsel for the petitioners during the course of his submission has drawn my attention to paragraphs 36 and 37 of the order of this Court dated 7.12.2010, which reads as follows;