Dilip Gupta, J. - (1.) This petition has been filed for a direction upon the Judge Small Cause Court, Gorakhpur not to initiate the execution proceedings against the petitioner in respect of the house in dispute till the disposal of his application filed before the Hon'ble Supreme Court.
(2.) The facts, as stated in the writ petition, reveal that respondent No.2-Bishan Das Karamchandani had filed an application under Section 21 (1) (a) of U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) for eviction of Anil Kumar Srivastava from the property in dispute. The application was allowed by the Prescribed Authority by the order dated 9th December 2005 and the revision filed before the District Judge for setting aside the said order was dismissed. Writ Petition No.6030 of 2006 was filed before this Court for setting aside these two orders. This petition was dismissed by this Court by the Judgment and order dated 6th November 2006. The petitioner was directed to vacate the disputed house and also deposit Rs. 20,000/- as damages.
(3.) In Paragraph 6 of the writ petition it has been stated that Special Leave petition was filed before the Hon'ble Supreme Court against the Judgment and order of this Court and by the Judgment and order dated 22nd January 2007 the Hon'ble Supreme Court partly allowed Special Leave petition and directed Anil Kumar Srivastava to vacate the house in question by 31st December 2007 subject to furnishing an undertaking within four weeks. It has also been stated in Paragraphs 7 and 8 of the writ petition that when the petitioner acquired knowledge of the order passed by the Supreme Court, he moved an application before the Hon'ble Supreme Court for clarification and modification of its order and a copy of the application has been annexed as annexure-2 to the writ petition.;