POONAM SRIVASTAVA,J. - (1.) HEARD learned counsel for the petitioner. When the writ petition was filed as a fresh case, notice was issued. On perusal of the office report dated 18.3.2009, it transpires that undelivered cover has been receive back with remark that recipient of notice does not reside on the said address. Undelivered cover has been placed on record.
(2.) LEARNED counsel for the petitioner submits that execution of decree is continuing before the executing court and next date fixed is 7.8.2009. On the one hand contesting respondent is pursuing execution on the other hand he has not accepted notice. This has been done only with a view that execution may be completed and writ petition may be rendered infructuous. Learned counsel for the petitioner has tried to impress this Court for an interim order since suit was decreed on the ground of arrears of rent.
(3.) THE counsel for petitioner undertakes to deposit the entire decreetal amount within ten days from today.;