INDRA KUMARI Vs. COURT OF THE ADDL. DISTRICT

JUDGEMENT

(1.) DEFECTS pointed out by the Registry is waived. Heard on merit.

(2.) COUNSEL for the petitioners submits that a civil suit bearing No. 89/2008, titled Rajmata Shiv Kumari & Ors. vs. Maharao Brajraj Singh & Ors., for declaration and partition is pending before the Court of Additional District Judge No. 4, Kota since 2008. It has been submitted that in the said suit, an application under Order 39 Rule 1 & 2 C.P.C. has been pending since 18.02.2013. Counsel submits that the said application seeking interim direction as prayed for therein ought to have been addressed with some expedition by the trial Court, as said properties are being alienated in the meantime, yet adjournments thereon are being granted for the asking and the said application continues to remain pending without just cause. Counsel submits that in this view of the matter, the Additional District Judge No. 4, Kota should be directed to dispose of the application under Order 39 Rule 1 & 2 C.P.C. filed on 18.02.2013 in civil suit No. 89/2008, titled Rajmata Shiv Kumari & Ors. vs. Maharao Brajraj Singh & Ors. within a reasonable time.