KANS RAJ Vs. RAKESH KUMAR

JUDGEMENT

(1.) The short prayer made by the petitioner in the present revision petition is that his application for stay of execution proceedings, filed along with an application under Order 9 Rule 13 of CPC with a prayer for setting aside the ex-parte eviction order dtd. 15/3/2021, is pending in the Court of learned Rent Controller, Batala for 27/10/2022 which may be ordered to be decided before proceeding with the execution application, pertaining to the exparte eviction order dtd. 15/3/2021.

(2.) The facts leading to the present revision petition are that an eviction petition was filed at the instance of respondent against the petitioner, relating to tenanted premises/shop, situated at Circular Road, Opp. Dharampur Colony, Near Sekhri Gas Agency, Batala. The eviction petition was decreed ex-parte vide order dtd. 15/3/2021 passed by the learned Rent Controller in favour of the respondent. An application under Order 9 Rule 13 CPC came to be filed at the instance of the petitioner on 6/4/2021 before the learned Rent Controller along with an application seeking interim stay of the operation of the ex-parte eviction order.

(3.) On the other hand, the respondent-decree holder filed an execution application based on the eviction order dtd. 15/3/2021. The execution application was filed on 29/7/2021. In the said execution application, the learned Executing Court issued warrants of possession for 25/8/2022 and thereafter, on 25/8/2022, an application for police help was filed at the instance of respondent decree holder which is stated to be pending consideration for 27/10/2022. In the meanwhile, in a separate but related development, an application under Order 9 Rule 13 CPC was filed at the instance of present petitioner along with an application for grant of stay of execution proceedings and the same are now fixed for hearing on 27/10/2022.