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tenant not paying rent after court order
31-Dec-2023 (In Civil Law)
hello sir iam plantiff i filed a eviction petition in city civil court .i got an order my tenant to vacate my house with in 60 days but still she didnt vacate what to do next .can i give police complaint.he is saying will apply in court what are the options after 60 days are over for them to apply still court considers them .
after 60 Days they will go to appellant Court hand get stay stay order hence you are requested Tu file caveat petition in the appellant Court and high court so that they will not get stay meanwhile you have to file execution petition in the same code if an opportunity given to me I file This petition
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file a contempt application against the defendant that despite court orders they defendant is not vacating the property.
also file a caveat in HC so that they do not obtain any additional orders in any writ petition or appeal from order before the Superior Court
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Adv. Garima Anil Mehrotra
Mumbai | 700+ Answers
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The appeals process allows a losing party in a trial court decision to have their case re-tried again. Some decisions by federal administrative agencies are also subject to appeals. Both parties are able to appeal in a civil case, but the government is prohibited from appealing not guilty verdicts in criminal cases.
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Adv. Raghuraman Balaji
Chennai | 900+ Answers
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Yes,
she can file appeal in appellate court but before she get stay order for trial court order you can file execution proceeding in trial court for eviction on the basis of order of court.Then you can get peaceful possession of that property
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Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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Your opponent can either lodge an appeal within 30 Days in the High Court or can file a review of the order passed by the City Civil Court before that City Civil Court itself.
Meanwhile, from your end, you should get the possession of the House anyhow by hook or crook. Involve Police Officials to evict your opponent by showing them the court order in your favour. If he fails to file an appeal or review within 30 Days, you can get your opponent evicted from the house by either filing a FIR against your opponent or by lodging contempt of court proceedings against your opponent in court.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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hi
please check whether the tenant has filed any appeal against the lower court order.
also you need to file an execution petition in the court that awarded the decree in your favour and take court orders for obtaining police support for eviction of tenant
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Adv. Rajagopalan
Hyderabad | 25+ Answers
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After the court order qe need to file an execution petition. it is nothing but executing of the court order but once if the court orders a person to vacate the house he has to vacate the house immediately or else it will be treated as Contempt of Court. There is also option to file a contempt of court petition in this matter.. Meanwhile enquire whether opposite person has gone for the higher court for stay..!
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Since you have got a favourable order from the City civil court in the eviction suit, you can initiate execution proceedings by filing for execution of decree. That way the tenant has to appear in court and explain why he is not evicting. Secondly, also check the appellate court to see if he has preferred an appeal against the Decree and obtained a Stay order.
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Dear sir,
The relief available to you is to file an execution petition before the same court where you obtained the decree. The court will issue notice to the erring tenant and ask him to comply with the court order failing which the court appointed authority will evacuate the tenant from the house and handover the possession to you. For filing the execution petition and any other legal assistance in this regard, feel free to contact me.
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Adv. Dilip M. R.
Bangalore / Bengaluru | 25+ Answers
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file execution petition for execution of order, then court will deliver possession as per order and get attachment of movable for recovery of arrears of rent. if he is not have valuable things then court bailiff will submit report, thereafter you can get order of arest and detention in civil prison
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Adv. Santosh R Kolkar
Belgaum | 50+ Answers
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