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If there is a civil suite applied and party has stay on the property. Will the 45 and 46 applicable?
Question
We bought the property 20 years back and there was tenant on the property at that time. There was no case back then. we have original property paper and also won the possession from high court . Now we are waiting for local court to hand over possession but court asked us to show some proof of applicability of 45 and 46.If there is a civil suite applied and tenant put stay on the property. Will the 45 and 46 applicable?
Answer ( 1 )
If you have won from high court and there is specific order for possession then You have to file the execution application in the civil court for compliance of high court order