Breaking of the locks is a natural corollary to the order passed by the court for execution of possession warrant.

Therefore it is not necessary for the court to specifically state in the order that the locks have to be removed.

you are entitled to take possession as the court has passed order for execution and the the district court did not grant stay to the opposite party either .

There is no risk at all as you are armed with a court order .

hi. if the apellate court has not granted a stay you can take over the posession of the property

1.You will have to file an application to direct the court appointed officer to take possession and hand it over toyou.

2.once it's done and he is faced with resistance to deliver the vacant possession to you , on his report you can apply in the court for directing the Police personnel to do so on payment costs deposited in court.

3.Since no Stay is granted there is no cope forthemto get any injunction anymore.

1. If the execution order has been given then you can take possession of suit premises.

2. Risk is all yours. You will not get the possession until you go through execution process.

3. If no stay has been granted to defendants then you should proceed with the execution process.

Hi, you go and take possession of the suit property and if there is some hindrance by JD, next time warrant through police aid may be sought. If you are not going execution process, it will be deemed that you neglect the court order.

1. If the court has issued the possession warrant then to break open the locks to obtain and deliver the possession is a natural outcome of the warrant. It is not required to be stated specifically in the warrant.

2. If the judgment debtor (tenant) creates hindrance in the process then file an application for police assistance to execute the possession warrant.

3. Do not lose this opportunity to take the possession as the District Court has not granted a stay.

Dear Sir,

1 ) Can we still take possession of the suit premises purely on the order of the execution process or are there any further steps that we need to take.

Ans: If there is no stay order by the District Court there is no risk.

2) What are the risk of not going through the execution process.

Ans: Ultimately you will the orders from District Court and then you have to execute the orders, if the tenant did not move out voluntarily. It is only time taking process.

3) is there a process to restrain the defendants or their POAs from getting injunction to suit premises to avoid delays in the matter.

Ans: Once matter is pending in the District Court, no other Court will give Injunction Orders and see the matter in District is disposed of without any delay and see that no stay is granted by the District Court. If stay is granted there are chances of prolonging the matter by the tenant. Take order of break open of lock from executing court and get the orders executed.

1)since appeal is pending you cannot take possession of premises

2) appellate court would grant stay of execution proceedings pending hearing and final disposal of appeal

3) you have to wait for disposal of appeal

1. You may take possession on the basis of the execution order.

2. If you do not go as per the execution order then a counter case can be filed on you.

3. You will have to fight the case and there is no other way out, see that they do not get any interim order in the appeal.

Regards

Dear Client,

When court order is there. what to worry, before the appellant court stays the lower court order, take possession of property. break the lock.

AND whom court ordered to execute the decree. Local Thana, Collector, ?

1. If the house property is locked, you may have to apply for break open the lock petition and get permission of the court for this unless, you cannot be able to execute the orders properly

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2. The break open is part of the process of execution petition.

3. You have to strongly fight that in the court where they have preferred the appeal.