Hon'ble Narendra Kumar Johari,J.
C.M. Application No.67180 of 2019.
1. The application seeks recall of order dated 07.05.2019.
2. The order under recall reads as under:-
"1. This petition seeks issuance of a writ in the nature of mandamus thereby restraining respondents from dispossessing/evicting the petitioner and her family members from House No.5E-5/10, Vrindavan, Telibagh Scheme, Lucknow, of which possession has been given after demolition of her earlier house.
2. Learned counsel for the petitioner has not appeared to prosecute the case.
3. Mr. Ratnesh Chandra, Advocate has appeared on behalf of respondents.
4. We find that rejoinder affidavit has not been filed.
5. On 26.4.2019, the following order was passed by this Court :
" 1. Learned counsel for the petitioner seeks time to file rejoinder affidavit.
2. We have taken notice of the fact, on the pointing out of Shri Ratnesh Chandra, learned counsel for the respondents, that the counter affidavit was filed in the year 2015. Shri Ratnesh Chandra, learned counsel for the respondents, has pointed out that the petitioner is not the allottee of the house and yet has made prayer of directing the respondents not to dispossess her.
3. Be that as it may, list on 07.05.2019.
4. No further time would be given to learned counsel for the petitioner for any reason whatsoever."
6. Considering the fact that neither rejoinder affidavit has been filed, although observation to that effect was made in the above extracted order, nor learned counsel for the petitioner has appeared to prosecute the case. The facts and circumstances make it evident that the petitioner is not interested in prosecuting the case. We have no option but to dismiss the petition for want of prosecution.
7. The petition is dismissed for want of prosecution."
3. On going through the above extracted order we find that the writ petition was filed in the year 2014. When the case was listed on 26.4.2019 counsel for the petitioner sought time to file rejoinder affidavit. This court recorded in order dated 26.4.2019 that no further time will be given to the learned counsel for the petitioner for any reason whatsoever, and directed the case to be listed on 07.05.2019. When the matter was taken for hearing on 07.05.2019 counsel for the petitioner did not appear nor rejoinder affidavit was filed in the Registry.
4. We find no reason to recall the above extracted order. The petitioner repeatedly committed default. There has to be a terminus to every lis.
5. Dismissed.
Order Date :- 30.7.2019 Krishna/Reena