1) wait for court to pass eviction order 

2) if no appeal is filed take out execution proceedings for eviction of tenant as per court orders 

3) don’t take law into your hands 

Since you have already filed the suit for eviction and the same is at final stage, wait till the decision of the court comes.

Once decree of divorce is passed then with the assistance of the court get your premises vacated and then do the renovation work. 

Since you have already approached court and the case is about to be completed now, you can wait for the disposal of the case because if you do any such thing to forcibly evict him at this stage then you will be termed to have contempted the court besides indulging in illegal act of taking law into your hand which is abuse of law especially when a case is pending before court.

- Since, the matter is sub judice before the Court, and the Court is going to pass an ex parte order against
 the said tenant, then you should not do anything as stated by you.

- After passing the ex-parte order , you can evict him legally after filing an execution petition before the same 
Court even with the help of Court staff and police officials. 

As the matter has already been heard by the court and orders are likely to be passed, it is not advisable for you to take any hasty steps now. Await the court verdict with patience.

If your case is for eviction of the tenant on the basis of non payment of the rent, then it would be better for you to wait till the Judgement is delivered. Despite the consent of the tenant, you should refrain from carrying on any construction/renovation work at the property.

Dear Client,

For the renovation of the house and conversion of the electricity connection from residential to commercial, you can go ahead if the tenant has been evacuated already, or if you have a court order to do so. As you have recently provided the tenant with a final notice to quit the rented premises because of the current rental court case is close to being determined you have the authority to carry out the renovation work. But make sure that you do not infringe any court order regarding the status of the tenant during the eviction process to avert any legal hurt. If rental arrears cross ₹2 lakh, you can get a vacate order in your favour. If the court has granted you an ex parte order then you can enforce it to regain possession of the property. It is always wise to seek legal advice and help in order to conduct all actions without a violation of law and to help in the proper implementation of the court order.

Hope you find this answer helpful in resolving your problem.

If you do the stated 2 steps then your suit will be rendered infructuous 

If your tenant suffers a decree then you will not be able to seek assistance of the execution court in the event he does not move out 

It would be like taking law in your hands 

Even if you do the renovation work and convert the electricity to commercial, the tenant would still be squatting on your property 

So it's better you let the process of law take its own course rather than attempting to do what you have stated in your query 

It is advisable not to take law in your hand by doing the above stated acts and let the Court pass the orders vacating the premises than only you can through execution and with the help of the court can take coercive action against the tenant.

If it is an eviction suit filed before court for evicting the tenant under the provisions of transfer of property act section 54, then you could have included the arrears of rental amount also and should have paid towards the amount you claim as arrears of rent.

You con file a civil suit for recovery of rental amount with evidence to prove that he has defaulted the rental payment and can claim arrears of rental amount for the last three years prior to instituting the money recovery suit

You can file a Application for arrears of rent in the same Petition, for eviction of the tenant and simultaneously take non-payment of arrears as a ground for eviction of the tenant.

You have to file separate case for recovery of rental arrears as in present suit you have only sought eviction of tenant 

Dear Client,

If you want to recover the rental arrears of ₹1,16,000, you need to file a separate civil suit for recovery of the unpaid rent under the Code of Civil Procedure,1908. As there is no rental agreement, you can still demand compensation based on the principle of unjust enrichment under section 70 of the Indian Contract Act,1872. This section will help you to get back what's owed to you when someone benefits from your property or service without a proper reason. The civil suit should be filed in the appropriate court having jurisdiction based on the amount of arrears and the location of the property.

Thank you.Hope this answers your query.

You can recover your dues by sending a demand notice to tenant and if no avail, you can file a civil suit for recovery of the rental dues. Moreover, if you have not filed an application for the recovery of arrears of rent due in your eviction suit then you can move such application before the same court in the same case.

- Since, the said filed case is only for eviction , then on the final stage when the Court is going to pass Ex-parte Decree in your favor, you cannot amend the same

- Hence, you can file a Recovery suit separately for getting refund of the arrears of the rent. 

If tenant does  not file appeal then eviction order is final and binding on parties 

You can file execution petition for execution of eviction decree 

court can direct police to provide assistance in obtaining possession of property 

If the court is setting him exparte and exparte judgment passed,  then you can wait for one month to make sure that he's not filing any petition to set aside the exparte decision. 

After that you can file an EP to execute the court order to evict him by due process of law and if necessary by police protection. 

Dear Client,

Before filing an Execution Petition (EP) to have a tenant evicted after the judge granted an ex-parte eviction order but the tenant was not present in the process, obtain a certified copy of the order. Prepare the EP under Order 21 of the CPC providing the details of the original suit and the ex-parte order made and file the same in the same court along with the court fee. The court shall notify the tenant on the intended execution proceedings to enable them to come with their remarks. If the court finds merit in your case it will order the landlord to evict you. If the tenant refuses to leave peacefully the landlords may seek the assistance of the police as provided under Order 21 Rule 35 CPC. Make sure that all the paperwork is correct and if in doubt, seek the service of a lawyer. The laws include the civil procedural code CPC, Rent Control Act, Specific Relief Act 1963 deals with the matters of compliance of orders passed by the Hon’ble courts.

Hope you find this answer satisfactory.

- Since, the Court is going to pass Ex-parte decree , the you will have right to evict the tenant legally after filing an execution petition in the same Court. 

- The Court will pass order for handing over the possession of the tenanted premises with the help of police officials.