Opinion
01-24-00918-CV
11-21-2024
In re Ramesh Kapur, d/b/a AIC Management Co.
333rd District Court of Harris County No. 2022-80075
ORDER
Veronica Rivas-Molloy, Judge
On November 21, 2024, Relator Ramesh Kapur filed a Petition for Writ of Mandamus challenging the trial court's Order Granting Issuance of Writ of Possession ("Order"). Relator contends the trial court erred in granting the Order because Real Party in Interest SWE Living, LLC failed to serve Relator or set the matter for a hearing. Relator further contends that pursuant to the court's Order, a writ has been issued and is to be executed on November 22, 2024.
Relator also filed an "Emergency Motion to Stay Eviction Scheduled for November 22, 2024," requesting this Court to "[g]rant an emergency stay of the eviction proceedings scheduled for November 22, 2024, pending resolution of the Petition for Writ of Mandamus." Relator's Motion to Stay is granted. Any execution of the writ issued pursuant to the court's challenged Order, is stayed.
Relator is directed to supplement his appendix with (a) certification of all exhibits and (b) copy of the writ issued by the clerk pursuant to the court's Order, to be executed on November 22, 2024. See Tex. R. App. P. 52.3 (j) (requiring inclusion of certification that petition is supported by competent evidence), (k) (requiring inclusion of certified or sworn copies of challenged orders); 52.7(a)(1) (requiring inclusion of sworn record). Relator is ordered to file such supplementation on or before Friday, December 6, 2024. Failure to supplement the record as directed may result in the denial of Relator's petition.
We further request a response to the Petition for Writ of Mandamus from Real Party in Interest. The response(s), if any, is due on or before Friday, December 6, 2024.
It is so ORDERED.