This writ petition was dismissed as withdrawnon 05.09.2008 after noting that according to the petitioner himself, it had vacated accommodation in dispute. This application has been filed by the landlord respondent stating that the premises have not been vacated. If it is so then there is no need to recall the order on 05.09.2008. Landlord is at complete liberty to seek eviction and execution of the decree. Let the question as to whether premises have been vacated or not be decided in execution proceedings. Order dated 05.09.2008 will not come in the way of landlord if he files execution application.
It is also clarified that if question of vacation or non vacation is sub judice in other proceedings then there also recording of the statement of petitioner in the order dated 05.09.2008 through which writ petition was dismissed as withdrawn shall not be treated to be finding of this Court. If the landlord asserts that building has not been vacated then the said question shall be decided by the Court where it is raised irrespective of order dated 05.09.2008.
Application is accordingly disposed of with the above observation.
Order Date :- 8.1.2010 vkg