Ivy Hill Park Section Five, Inc. v. Handa

• Decision Date: 28 November 1972
• Citation: Ivy Hill Park Section Five, Inc. v. Handa, 297 A.2d 201, 121 N.J.Super. 366 (N.J. Super. App. Div. 1972)
• Parties: IVY HILL PARK SECTION FIVE, INC., a New Jersey corporation, Plaintiff-Appellant, v. Narendra HANDA and Saundra HANDA, his wife, Defendants-Respondents.
• Court: New Jersey Superior Court — Appellate Division

Page 366

121 N.J.Super. 366

297 A.2d 201

IVY HILL PARK SECTION FIVE, INC., a New Jersey corporation Plaintiff-Appellant, v. Narendra HANDA and Saundra HANDA, his wife, Defendants-Respondents.

Superior Court of New Jersey Appellate Division.

Argued Nov. 8, 1972.

Decided Nov. 28, 1972.

Robert Diamond, Union, for plaintiff-appellant (Diamond & Pitman, Union, attorneys).

Stanley Varon, Newark, for defendants-respondents (Newark Legal Services Project, attorneys; Walter M. Mitchell, Newark, on the brief).

Before Judges LABRECQUE, KOLOVSKY and MATTHEWS.

PER CURIAM.

Plaintiff instituted this summary action for recovery of premises under N.J.S.A. 2A:18--53, subd. b, alleging that defendants held over after a default in payment of rent. The trial judge entered a judgment of possession in favor of plaintiff, but ordered that issuance of the warrant of removal be stayed for approximately 2 1/2 months, until March 1, 1972. At oral argument we were informed that defendant Saundra Handa was still in possession of the premises.

Plaintiff appeals that portion of the judgment entered below which stayed the issuance of a warrant for possession for approximately 2 1/2 months. Its basis for appeal is that the trial court exceeded its jurisdiction in its delay of the warrant of removal. We agree that a jurisdictional question is raised since it is contended that the provisions of the controlling statute were not complied with. Leachman v. Kite, 133 N.J.L. 240, 241, 43 A.2d 875 (Sup.Ct.1945).

The authority granted to a trial judge under N.J.S.A. 2A:42--10.6 to stay the issuance of a warrant for possession may...