G.M. LODHA, J.—The respondeat No. 2 has filed this application under Art. 226(3) of the Constitution of India. It has been prayed that ad interim stay order dated 15th July, 1980 passed by this Court be vecated. The aforesaid order dated 15.7.1980 was in the following terms:

"Honble Agrawal J.,

Mr. G.L. Pareek for the petitioner.

Issue notice of the stay application. In the mean while, the respondents are restrained from dispossessing the petitioner from the land of the petitioner in Khasra No. 539, if he has not already been dispossessed till today."

2. This order was passed ex-parte without service of notice or giving of copies of the petition to the respondents.

3. Respondent No. 2 filed this application for vacation of the stay order and furnished a copy of it to the petitioner. Copy was furnished on 8th September, 1980. Application was filed in the court on 9th September, 1980. According to the computation two weeks time have expired on 23rd September, 1980.

4. Mr. Pareeks submission is that inspite of expiry of two weeks time, stay order will not stand vacated because firstly, there was no stay order against respondent No. 2 and secondly, this application was not listed within two

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