MOHINDER PAUL @ MOHINDER LAL Vs. PARMOD KUMAR

JUDGEMENT

(1.) Mohinder Paul @ Mohinder Lal decree holder has filed this revision petition under Article 227 of the Constitution of India assailing order dated 14.01.2012 Annexure P-3 passed by learned executing Court i.e. Additional Civil Judge (Senior Division), Shaheed Bhagat Singh Nagar. Petitioner's suit for eviction of respondent was dismissed by the trial Court but was decreed by the lower appellate Court. RSA No.3990 of 2000 preferred by respondent herein is pending in this Court. Vide order dated 07.12.2004 Annexure P-1 passed in the said RSA by this Court, status quo order was allowed to continue, subject to the condition that the appellant i.e. JDrespondent herein pays to decree holder or deposits in executing Court arrears of license fee/use and occupation charges @ Rs.450/- per month w.e.f. 01.01.1996 up to 31.12.2004 within six months and future use and occupation charges will be payable by 7th of every month. On failure to comply with these conditions, the stay is to stand vacated.

(2.) Petitioner-decree-holder filed execution petition alleging that JD had failed to comply with aforesaid conditions of interim order dated 07.12.2004 and therefore, interim stay order granted in RSA stands vacated. Accordingly DH sought execution of the decree by delivery of possession of the suit property to him.

(3.) The execution petition was resisted by JD-respondent alleging that he has complied with conditions of interim order dated 17.12.2004 Annexure P-1. Learned executing Court vide impugned order Annexure P-3 found that all use and occupation charges have been paid by the JD in time. Feeling aggrieved decree holder has filed this revision petition. I have heard learned counsel for the petitioner and perused the case file.