- (1.) RAKESH Tiwari, J. There are two Counsels appearing in this writ petition on behalf of the petitioner. Frequent adjournments were sought some times at the instance of learned Counsel for the petitioner and some times at the instance of learned Counsel for the respondents since inception on one ground or the other.
(2.) ON 19-11-1990 two weeks' time was granted to the learned Counsel for the respondents for filing counter-affidavit and two weeks' time thereafter was granted to the learned Counsel for the petitioner for filing rejoinder-affidavit. It appears that after the death of Sri Lalji Sahai Srivastava, Advocate, appearing for the petitioner, Sri Haider Husain filed his Vakalatnama on behalf of the petitioner. Counter-affidavit and rejoinder affidavit have been exchanged between the parties.
(3.) THE petition was dismissed in default on 29-4-2002. However, on the application for restoration dated 20-5-2002 the petition was restored to its original number vide order dated 23-5- 2002. THEreafter the case was again got adjourned on 18-7-2002 on the prayer of learned Counsel for the petitioner and again on 15-11-2002 on the ground of illness slip of Sri I. J. S. Yadav, learned Counsel for the petitioner. THEreafter on 22-12-2006 the case was passed over on the illness slip of Sri Haider Husain, learned Counsel for the petitioner, and the case was ordered to be listed on 8-1-2007 on which day Sri Haider Husain again prayed for adjournment of the case on the ground that he was ill and was confined to bed and as such was not able to prepare the case. Thus, the case was again adjourned at the instance of learned Counsel for the petitioner. Today the case is listed peremptorily, but Sri I. J. S. Yadav, learned Counsel for the petitioner, has sent illness slip, From the above it is clear that there are two Counsels appearing on "behalf of the petitioner and the case is sought adjourned on the illness slip of one or the other since 1996. The other Counsel for the petitioner, i. e. , Sri Haider Husain is also not present today. The case was to be argued by Sri Haider Husain and not by Sri I. J. S. Yadav on whose behalf a request for adjournment was made on 8-1-2007 and the case was directed to be listed peremptorily on 22-1-2007. It is accordingly listed today peremptorily.;