SHRI. SHOUKATUSAIN MOHAMMEDHUSAIN MUJAWAR Vs. SHRI. BABAN

JUDGEMENT

(1.) The present respondent Nos.2 and 3 have filed an execution petition against the present respondent No.1 in the Court of I Additional Civil Judge and JMFC, Belagavi in E.P.No.492/2016. The said execution petition has arisen out of an eviction petition in HRC No.5/2012, which came to be decided in favour of the present respondent Nos.2 and 3, who are the decree holders.

(2.) Aggrieved by the judgment in HRC No.5/2012 wherein an eviction order was passed, the present respondent No.1(JDR) has challenged the same before the learned I Additional District, Belagavi in HRCRP No.7/2016. The said challenge was negatived on 05.09.2017 with a cost of Rs. 10,000/- payable to the landlords/respondent Nos.2 and 3. The first revisional Court also granted another period of three months to the tenant to vacate the premises. The said order was once again challenged by the very same respondent No.1(JDR) before this Court in HRRP No.100008/2017 under section 115 of the Code of Civil Procedure. This Court by its order dated 06.04.2018 dismissed the petition with a cost of Rs. 1,000/-. However, it granted the petitioner therein (tenant/JDR) another period of three months for vacating the premises subject to he filing an affidavit undertaking to vacate the premises peaceably and also paying landlords the arrears of rent within four weeks. Since the said order was not complied, the landlords (respondent Nos.2 and 3) filed E.P.No.492/2016. In the said execution petition, the present petitioner filed a memo seeking an adjournment and also an application for his impleading in the petition. The executing Court by its order dated 12.07.2018 assigning reasons rejected the memo filed by the present petitioner/obstructer. It is the said order, the petitioner has challenged in this writ petition.

(3.) The learned counsel For the Petitioner submitted that a matter pertaining to the suit property is pending before the Hon'ble Apex Court in special leave petition, as such, awaiting the order of the Hon'ble Apex Court, 8-10 weeks time may be granted.