• How can I vacate tenant even after receiving judgement order for the same

How can I vacate the Tenant even after receiving the Judgement Order for the same when the Lawyer is not cooperating with the client? The reason is that the client has received the order from the court and given to the lawyer immediately. More info: The tenant has to vacate on 4/4/19. As the case is for 4.5 years old, the client followed up with the lawyer for the judgment order since the Judge ordered in March 2019. One day the client happened to get the Judgement order from the Court while enquiring in the court. She collected and give it to the Lawyer immediately with SMS to the lawyer all her movements within the court. But the Lawyer made it a big issue in the Court Delivery section. He is not cooperating with the client. Now the pending issues: 1) The tenant has to be vacated with an eviction order. 2) Rent arrears have to be collected as per the judgment up to a particular date. 3) There is another petition pending for the balance arrears from that date to another date. 4) Now again arrears since then till the day he vacates is to be collected. 5) In addition, 2 more cases filed by the Tenant that we should not disturb the tenant (OS) and we should restore the Water Pump Motor after repair (RCOP) cases should be closed.
Asked 6 years ago in Civil Law

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16 Answers

If tenant fails to vacate inspite of eviction order take out execution proceedings to evict tenant and recover rent arrears 

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

you will have to file an execution petition to execute the judgment passed in your favour

i do not understand why your lawyer raised objection when you got the judgment copy from court?

 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

This order will be executed by the court and if your advocate is not cooperating then change the advocate and approch the court for execution of order.

If nothing happens move the writ to High Court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

not interested in your ratings!

for execution petition you can appoint a new lawyer

no need to take any NOC from your present lawyer to appoint new lawyer

the present lawyer was engaged for the matter in which judgment is passed 

once final judgment is passed, the lawyer stands discharged, provided his fees, if any due to him, are paid

please appoint a new lawyer and have an execution petition filed 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

1. I wonder why are relying upon the same advocate when she is not showing much interest to implement the eviction decree.

2. So meet a new advocate and file an execution case.

3. It would be another new case wherein the court after service of summons upon the judgement debtor would issue rule to execute the eviction decree through its office.

3. if the officer of the court is resisted to vacate the property , the court would grant police help to execute the decree and to get your physical possession of the same.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You are at liberty to change your lawyer 

 

2) contest the 2 false cases filed by tenant 

 

3) file detailed reply that there is an eviction order passed against him and no appeal filed against said order . That he is bound to vacate the rented premises 

 

4) that no question of repair of water pump motor arises as he is trespasser 

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

See firstly you can politely talk to your lawyer if he fail to respond take a NOC from him and engage another advocate to file execution petition and in your other cases.

And further if he is not providing NOC complaint before the bar council of state.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further for withdrawal you can personally remain present and withdraw the petition.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If your lawyer is not cooperating, change the lawyer and file execution petition.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You can take the certified copy of order and file execution.  And through police help you can get him vacated

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

Engage another lawyer immediately as your lawyer is not a good lawyer and is greedy definitely he is demanding from you the money, if he raised objection to that give a complaint to the bar council to which he is registered to take action against him as he has not co-operated with you and instead cheated you. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

The landlord may file a petition in the same court praying for appointment of an Advocate-Commissioner for eviction of the tenant and taking vacant possession of the property. 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Immediately replace with new expert , you can hire expert from this portal. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can take noc from the lawyer. After giving him the remaining fee you take noc from him and engage another lawyer. The execution application has to be filed in the case for execution of the decree.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If the tenant is not vacating the property even after the lapse of appeal period then you may file an execution petition to execute the judgment passed by the trial court in this regard as per law.

If your lawyer is not cooperating properly, you may change the lawyer immediately and with the help of anew lawyer file an execution petition  in which you may claim the recovery of arrears also from his.

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

As I opined earlier, you may change the lawyer immediately  if he is not cooperating.

These days you dont need to have his NOC as well for this purpose. 

In fact for filing an EP you dont have to depend on the same lawyer, since it is a new case, you can engage a new lawyer and proceed as per law.

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

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