The main legal point established is that the stay application should be decided before the execution of an eviction order to prevent substantial prejudice to the rights of the party against whom the order is issued.

JUDGMENT

Harkesh Manuja, J. (Oral) - 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 dated 15.03.2021, 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 dated 15.03.2021.

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 dated 15.03.2021 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 06.04.2021 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 dated 15.03.2021. The execution application was filed on 29.07.2021. In the said execution application, the learned Executing Court issued warrants of possession for 25.08.2022 and thereafter, on 25.08.2022, 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.

4. In the present revision petition, it has been contended on behalf of the petitioner that on the one hand respondent is seeking execution of the ex-parte eviction order dated 15.03.2021 wherein, warrant of possession has been issued and the respondent is now seeking police help for executing the same, on the other hand, application under Order 9 Rule 13 CPC along with the stay application, filed at the instance of petitioner is awaiting decision. He further submits that in case, the warrant of possession is executed with the police help before even any adjudication being made on his application for grant of stay of ex-parte eviction order dated 15.03.2021 filed along with the application under Order 9 Rule 13 CPC, his substantial rights would be affected.

5. I have gone through the paper book and also considered the submissions made on behalf of the petitioner. I find merits therein. Once the petitioner has already moved an application under Rule 9 Rule 13 CPC along with an application for stay of execution proceeding, it would be in the fitness of things that the stay application at least is heard and decided on merits, prior to the execution of the warrants of possession so that the petitioner is able to prima facie put forth his case before being dispossessed in execution of the ex-parte eviction order dated 15.03.2021 (Annexure P-1), otherwise it may cause substantial prejudice to his rights.

6. In view thereof, the present revision petition is disposed of with a direction to the learned trial Court to decide the stay application filed at the instance of petitioner along with his application under Order 9 Rule 13 CPC on the date fixed i.e. on 27.10.2022 or any date as per its convenience preferably before decision on the application for grant of police help by the learned executing Court. It is, however, made clear that any observation made hereinabove, shall not be construed as an expression of opinion on merits of the stay application, pending adjudication before the learned Rent Controller, Batala.

Disposed of is the above terms.