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2022 Supreme(P&H) 2041

HARKESH MANUJA
Kans Raj – Appellant
Versus
Rakesh Kumar – Respondent


Advocates appeared:
Mr. G.S Madaan, Advocate, for the Appellant

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

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