1) HC would pass orders on stay application after hearing both parties 

2) rely upon written undertaking given by tenant to vacate premises 

3) stay should be vacated 

The high court has already passed an order to stay the proceedings of the lower court, hence you have no option than to file your counter before high court and strongly argue to vacate the stay order owing to the judgment passed by the trial / EP court.

Law is common for all.

It is because of your delay in following up the EP  i.e., by not  filing a petition to break open the lock immediately when he vacated but  not handed over the keys, that the case is stretched so long. When his petition before the EP court for stay was dismissed for the first time, you should have filed the petition to break open the lock  instead you allowed him time to file a second petition and then also waiting for him to file the CRP before high court, without doing anything all along. 

Therefore you have to wait for the CRP to be dismissed by high court to take immediate steps to continue the EP from where it was stopped. 

The High Court does have the power to grant an interim stay even without hearing both parties in certain urgent or interlocutory applications. However, such orders are generally meant to be temporary and subject to confirmation after hearing the parties. While it may seem unfair to grant a stay without hearing the petitioner’s opponent, the court exercises such powers cautiously and usually schedules a hearing shortly thereafter.

In your case, since the tenant’s petitions were dismissed twice by the lower court and the High Court’s stay is interim, you can immediately file an urgent application (ex-parte or under limited notice) requesting the court to vacate the stay and proceed with the execution of the eviction warrant. Emphasize the history of dismissal of tenant’s objections by the lower court, their illegal possession, and the loss of your rights due to delay.

You may also move the court for early listing on priority and produce strong documentary evidence of final decree and delivery warrant. If the High Court is persuaded that the tenant is abusing process to delay rightful possession, it can lift the stay and allow EP execution.

The courts generally protect the rights of decree-holders especially when bona fide possession is prevented by unlawful acts of tenants. However, timely and well-drafted applications with legal representation are critical. Engage an experienced advocate for urgent drafting and follow-up to safeguard your interests and avoid irreversible loss.

In summary, High Courts can grant interim stays without full hearing initially but such orders are temporary and can be challenged effectively. Your best course is to promptly move the High Court highlighting the facts and seek vacation of stay and restoration of execution.

Yes you have to wait till next date of hearing 

file your detailed reply 

Since you are aware of the proceedings you can very well approach your advocate at high court and file a vakaltnama on the basis of the private notice received by you before the high court registry and await to watch if the case is listed on 24.09.2025 and ask your advocate to put forth your side arguments on the basis of the trial court orders in your favor and get the stay vacated including getting the civil revision petition itself dismissed on the same day, provided the case is listed for hearing on that date.

Engage a lawyer, file his vakalat, obtain copies of petition and file you reply/objection/counter giving details of lower Court order, facts of the  case and undertaking of tenant. On 24th your pleadings should be before the Court, don’t forget to serve copies of petitioner. Insist on order on crp on the  same day. This will avoid delays.

Yes you need to wait the court will grant you execution and removal stay if the order is legal and proper 

• Yes, the High Court can grant an interim stay ex parte (without hearing the other side), but it is always subject to confirmation after you are heard.

• Since notice has now been issued to you, you must file your detailed counter and objections on/before 24 September 2025.

• Place on record: lower court orders dismissing their petitions, delivery warrant, undertaking by tenant, and proof of illegal occupation.

• If you show that the tenant has no locus (as mere occupant after partition decree), the High Court can vacate the stay.

• Till then, execution remains stayed.

Dear Client,

What the High Court has granted now is only an interim ex parte stay, which it is empowered to do in order to maintain the status quo until both sides are heard. This is not a final order, Since the Court has already directed that you be served notice and posted the matter for 24th September 2025, the next step is simply to appear through your lawyer, file a strong counter-affidavit with all supporting documents (delivery warrant, lower court dismissal orders, and proof of the tenant’s illegal possession), and also move an application to vacate the stay. The earlier dismissals by the executing court are in your favour, and once the High Court hears both sides, it is very likely to see through the tenant’s frivolous obstruction.

I hope this answer helps. For any further queries, please do not hesitate to contact. Thank You

Yes, the High Court can grant an ex parte interim stay without hearing you first. It’s only temporary. Since the Court has ordered private notice, you’ll be heard on 24th Sept 2025.

What you should do:

• Engage your High Court lawyer now.
• File a counter with all lower court orders, the tenant’s undertaking, and history of failed petitions.
• On the next date, press for vacation of stay and quick disposal.

Your decree is safe. The stay only pauses execution, it doesn’t cancel your rights.