SHRINATH LOHIYA Vs. HARISH DAMWANI

JUDGEMENT

(1.) THE respondent of CWP No.713/2005 has filed this miscellaneous application with the prayer that the order passed in disposal of the said writ petition on 02.04.2009 may be recalled.

(2.) THE applicant has submitted in the application that the writ petition was filed on behalf of the petitioners Harish son of Kishan Chand and Narendra son of Kishan Chand, both through power of attorney holder Vasudev Israni; that during the pendency of the writ petition, the petitioner Narendra had expired but the power of attorney holder did not disclose this fact before the Court; and that the writ petition was decided after the death of the petitioner Narendra. It is submitted that the authority of the power of attorney holder came to an end after the demise of the petitioner Narendra in the month of February 2009 so the order passed by this Court on 02.04.2009 is liable to be recalled.

(3.) BY way of the said writ petition (CWP No.713/2005), the defendants in the suit for perpetual injunction filed by the present applicant [presently Civil Original Suit No.5/2008 in the Court of Additional Civil Judge (Junior Division) No.5, Jodhpur] had questioned the order granting temporary injunction, as passed by the Trial Court and affirmed by the Appellate Court, to the effect that they would not interfere with the plaintiff -applicant's use and occupation of, and raising of construction at, the land in dispute; and would not attempt to dispossess him.