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TUSHAR RAO GEDELA
Salahuddin – Appellant
Versus
Nayab Ahmed Shakir – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
CM APP No. 10085/2023 (for exemption)
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. Application stands disposed of.
CM(M) 332/2023 & CM APP No.10084/2023 (Stay)
4. The petitioner challenges the order dated 17.08.2022 passed by learned First Appellate Court (RCT) in RCT No. 68/2022 titled CM(M) 332/2023 & CM APP No.10084/2023 (Stay) ‘Salahuddin & Anr vs. Nayab Ahmed Shakir & Anr.’.
1. Mr. Ashok Gurnani, learned counsel for petitioner submits that despite having filed the appeal under Section 38 of DRC Act, 1958, the application under Order XXXIX Rules 1 and 2 of CPC, 1908, seeking stay of the decree and execution proceedings, the learned RCT has not passed any interim order.
2. Learned counsel also submits that in the meanwhile, the learned ARC had, vide its order dated 14.07.2022 directed appointment of a Bailiff for the purposes of execution of the decree of possession.
3. Respondent No.1, who appears in person draws attention of this Court to paragraph 2 of order dated 14.07.2022 passed by ARC noting
Emphasis on expeditious disposal of appeals and strict adherence to timelines for granting relief.
Emphasis on strict adherence to timelines for disposal of appeals
A litigant's right to file and maintain an application is fundamental and should not be curtailed without proper legal basis.
The refusal of stay based on the conduct of the judgment-debtor and the principles of res judicata, as well as the emphasis on expeditious disposal of execution proceedings, were the central legal po....
The court's decision was guided by the interests of justice and the need to address delays in the adjudication process.
The court emphasized the importance of affording an opportunity to challenge a judgment before execution proceeds, ensuring justice is served under the relevant Rent Control Act.
The executing court is bound to consider the findings of a Court-appointed Local Commissioner while carrying out execution proceedings to ensure the integrity and specific scope of the order being en....
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