Satish Chandra, J. - (1.) BY this application, the Respondents No. 7 and 8 have made a prayer to recall the judgment and order dated 16.07.2009 passed by this Court.
(2.) SRI Prashant Chandra, learned Senior Counsel assisted by Sri Faisal Ahmad Khan, learned Counsel for the applicants -Respondents No. 7 and 8 submits that the argument of the Petitioner's counsel had concluded and the arguments on behalf of the Respondents' counsel had started on 07.07.2009 and were continuing for the purposes of which the writ petition was ordered to be listed on 14.07.2009, on which date, the lawyers abstained from work and the next date was fixed as on 15.07.2009 at 3.00pm, on which date, the counsel for the Respondents had to leave court suddenly on account of sudden illness of his wife and, as such, the matter was ordered to be listed on 16.07.2009 with an observation that the case shall not be adjourned. On 17.07.2009, the counsel for the Respondents No. 7 and 8 did not appear and sent illness slip mentioning his wife illness and prayed for adjournment but this Hon'ble Court has passed the interim order in the absence of any representation on behalf of the Respondents No. 7 & 8. According to the learned Counsel, the order dated 16.07.2009 appears to have been hurriedly passed as facts and issues germane to the matters in controversy do not appear to have been taken into consideration as there is no mention of the same. He also submits that the order dated 16.07.2009 is passed ex -parte without hearing the counsel for the Respondents and is apparently based on a report submitted by Inspector General of Police, against which objections were filed by the answering Respondents, which are yet to be decided.
(3.) ON merit, learned Counsel submits that the writ petition is likely to be dismissed as the Respondents No. 7 and 8 are the true owners of the Flat in dispute. For the purpose, he relied on the ratio laid down in the case of Smt. Gurmeet Kaur Kwatra v. Vice, Chairman, Varanasi Development Authority, Varanasi and others, 2010 (28)LCD 1.;