How to get order for immediately excute the EP on recovery of possession
Sir, Hello Please give your best advice on the following civil case
In the recovery of possession case pending in the appellate court, after placing an order in the EP, the defendants have filed a petition in the appellate court seeking cond
onation of the 1220 days delay and canceling the ex partee judgment passed in the original case. The defendants in the original case received summons and appeared before the court through counsel and continued to avail themselves without filing a counter-claim. Later exparte order was issued and E.P was filed and in that the defendants continued to get summons and appear through advocates. Counter was filed by the plaintiffs in the EP on 27-4-2022 and on 17-3-2023 the defendants filed a plea seeking cancellation of the exparte issued in the case and seeking to allow the 1220 days delay petition. The appeal is pending till today. Finally Order was issued in EP on 24.4.2023. While the plaintiffs petitioned for police protection to take possession, the defendants filed a civil revision petition in the Madras High Court on 30-6-2023.NOTICE. PRIVATE NOTICE TO THE RESPONDENTS RETURNABLE BY 16/08/2023. POST ON 16/08/2023. STATUS QUO TILL THEN. Expartee status quo order has been obtained till 16-8-2023. We, the plaintiff, have also appeared through counsel. But till date the case has not come to first hearing. The Hon'ble Judge in the Appellate Court says till date that since a civil revision petition has been filed by the defendants and the status quo order has been obtained, no order can be issued to the police for taking possession. It would be very helpful if you could tell us what to do. The defendants are doing this to cause delay in the case.
OUR QUESTION 1. Can the defendants get the status quo order again in the first instance in the civil revision petition? Say that.
The defendants do not have any documents to prove their possession.
2. Whether it is possible to file a case in the High Court that the appellate court cannot not issue a police order to the EP on the grounds that the civil revision petition is pending and the defendants have received an exparte status quo order, and the appellate court can order the police immediately.
Thanks
Ramesh