RAMESHWARI DEVI Vs. GUNWANTI

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal is directed against the order dated February 8, 1984 of the District Judge, Jodhpur, by which he declined to pass an order on the application filed under Order. XXXIX, Rr. 1 and 2 and Section 151 Cr.PC read with Section 195 of the Succession Act.

(3.) BOTH the learned Counsel for the parties are in agreement that the order dated February 8, 1984 of the learned District Judge may be set aside and until the main application for the grant of Letters of Administration is is disposed of, a Curator may be appointed under Section 195 to take possession of the Cargo of the deceased Sudhir Kumar, which is being detained by the Custom Authorities at Bombay, and the District Judge may further be asked to issue appropriate direction which may be necessary in the circumstances of the case.