OM PRAKASH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THIS application has been moved by the applicant-petitioner for modification of the order dated 22. 2. 2008, whereby the writ petition of the applicant has been dismissed. The only ground raised in this application is that in the course of arguments, the learned counsel for the petitioner had urged that in the event of dismissal of the writ petition, some reasonable time may be granted to the petitioner-applicant to vacate the disputed shop, but inadvertently the said argument could not be considered while delivering the judgment and order. The application is supported by an affidavit duly sworn in by the applicant himself. 3. Heard learned counsel for both the parties on the modification application and perused the earlier order. 4. The contention raised by the learned counsel for the petitioner-applicant has some force because the submission of the learned counsel for the applicant-petitioner for grant of reasonable time to vacate the disputed shop does not find mention in the judgment. 5. Considering the facts and circumstances of the case, it would be in the fitness of things as well as in the interest of justice that time upto 30-6-2008 may be granted to the applicant-petitioner to vacate the disputed shop and to deliver its vacant and peaceful possession to the landlords. It is further provided that the applicant-petitioner shall give an undertaking to that effect before the Prescribed Authority within a period of two weeks from today and he deposits the rent for the above period. The rent already deposited by the applicant, if any, shall be adjusted. The modification application is allowed accordingly. This order shall also form part of the earlier order dated 22-2-2008.