Hon'ble Prakash Krishna,J.

The aforesaid writ petition was finally heard and decided by the judgement dated 18-5-2007. This is an application on behalf of the respondent tenant to recall/restore the writ petition to its original number and the judgement and order dated 18-5-2007 be recalled.

2. The said application has been filed on behalf of the respondent tenant on the pleas inter alia that when the case was listed, it could not be marked by the clerk of the respondent's counsel and as such, the respondent's counsel could not appear in the case at the time of hearing. The respondent had no knowledge about the order dated 18-5-2007 and he came to know about the said order only on 25-7-2007.

3. Before considering the aforesaid application, it is necessary to notice the background facts of the case. It is also not out of place to mention here that the learned counsel for the parties had jointly agreed that the recall application and the writ petition, both, may be heard simultaneously as per entry in the order sheet dated 4-12-2009.

4. The petitioner, now a retired personnel from Indian Army, had filed an application for releasing the disputed shop in occupation of the pres