The main appeal is coming up on 8th February, 2017. The fresh application has been filed by the applicant in which he stated that the impugned order was passed on 14th December, 2015; the eviction notice to take the possession is issued about 13 months after i.e. dated 3rd January, 2017 it is mentioned in the said notice that the constructive possession of the said property has already taken. On the other hand the learned counsel for the appellant states that the actual possession has not been taken, the same is still with the appellant. Since the appeal is coming up on 8th February, 2017, this applications may be listed on same