See in execution they cannot take any defence in next hearing press your application and further claim rent arrears from the tenant . In execution the court shall order police or authority to hand over the possession if tenant is not himself giving so.

An execution petition cannot decide upon the merits of the case.ir can only decide whether there are any objections to the decree and the nature of those objections. A very narrow jurisdiction the execution court has. Therefore file an application in the high court fir expeditious disposal of the case.

Regards 

Dear sir

The court give the three to four chances to defendant party to file the written statement(reply) of the petition.  After that they will have to bear the cost of delay from court.

And you should not worry as the previous case is already decreed in your favor. This is just the last stage from which you have to go through.

you should object to further adjournments being granted 

2) mention that order of eviction was passed in July 2018 and yet tenant and failed to comply with curt orders 

3) since no appeal has been filed by tenant eviction order has become final 

Dear Client,

You should have demanded rent also in court, so court would have ordered that too. Well, for rent, you can file separate recovery suit and on next date, ask your lawyer to vehemently oppose next adjournment. Execution court jurisdiction is limited to get the court order executed. Respondent have no option. So, press EC to order compliance of eviction order.

Dear Client,

There is 90 days period for written statement. Please, say your Advocate to object whenever opposite party demands date.

Respondent would seek time to vacate the premises 

Dear Client,

Its duty of the court to hear both the parties. Court give equal opportunity to both the parties. Court can not heard on party only.

Procedure in court courts. He may bring some excuse or just buying some time. This is what sometimes advocate charges for.

Respondent cannot take any ground on merits he can just reply for execution that he is willing or he shall.hand over, the court has to give them opportunity to reply as to follow natural justice.

Execution is the last stage of any civil litigation. 

You have to wait till final order. 

You can file separate suit for recovery of arrears along with interest and compensation.

The counter statement can on lu y consist that why didn't the vacate the premises even after court order

There is no scope for counter in execution. The court has to provide execution ie attach properties, bank accounts etc of respondent and/or commit him to civil prison. 

You must file a mandamus writ in HC 

Please instruct your advocate to press for an order at the next hearing opposing the respondent's move for any further adjournment in the matter. The facts: that the respondent did not enter appearance earlier on account of which an ex parte order was passed; that the tenant has not vacated your property, nor has paid you arrears of rent; that you continue to suffer financial loss, owing to the tenant's delaying tactics - should be pleaded convincingly to obtain a favourable order.

You will also get the rent in eviction order. You can claim the rent till he finally gives you possesion. You can claim for mesne profits till he hand over the possession. 

The court proceedings will go on this way which may have to be tolerated even if you are not willing.

However you may file a petition before high court seeking direction for an expeditious trial of the pending proceedings.

Filing a counter to the petition is the procedure prescribed in law which cannot be questioned by you becasue in  a proceedings before court, it has hear both the sides before deciding on any mater pending before it.

Thus you cannot be agitated over the prescribed procedures of law in this regard

1. You would be getting your property back as well as the dues as rent for all the period.
2. He has a right to file an objection in the execution petition when it (order) has been passed as ex parte or not been included as party in the suit though according to him he has been a important party in the suit and should have been included.
3. In your case, he may not get more time to file the counter (in which he would giving reasons for not coming etc. or denying all your allegations) if your advocate would request the court to close him right to file the counter.
4. If the same is allowed then it won’t be taking more time to give back the possession of the property to you and rent as dues.
5. If he doesn’t comply the court order then his property, if any, will be attached or otherwise he will be in jail till the time he clears the dues.

Dear Sir,

Even after the court has passed either the order on the original petition or an order on the appeal an still the tenant is not budging from the property the landlord may file an execution petition and the outcome of such a petition shall be either police interference or the revenue official may interfere and get the tenant evicted.

It generally takes 1 to 2 years for this whole procedure