S. M. SUBRAMANIAM
Chandrasekaran – Appellant
Versus
Subbulakshmi – Respondent
ORDER :
The present Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure against the Docket Order passed in EP No.70 of 2022 and reversing the decree and judgment in RCOP No.30 of 2018 on the file of the District Munsif Court at Thiruvottiyur vide order dated 01.12.2022.
2. The petitioner is the tenant and judgment debtor. The respondents, who are the landowners, instituted eviction proceedings in RCOP No.30 of 2018.
3. It is not in dispute that the RCOP was allowed and eviction was ordered. The petitioner-tenant is residing in the subject premises for the past about 19 years from the year 2003 onwards. Thus the respondents decree holders filed EP No.14 of 2022 and the Execution Court allowed the Execution Petition, enabling the decree holders to enjoy the fruits of the decree passed in his favour. Challenging the said order dated 01.12.202, the petitioner has chosen to file the present Civil Revision Petition.
4. The learned counsel for the petitioner made a submission that the petitioner is running a Fast Food Shop in front of the premises and back portion of the premises is utilised by him as his residence. The petitioner is in occupation of the premises
Mere pendency of second appeal without stay does not bar execution of eviction decree.
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