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Judgment
The petitioner has laid a challenge to the order dated
20.04.2016 passed by the learned Additional District Judge No.2,
Udaipur whereby, an application under Order 23 Rule 1(3) of the
Code of Civil Procedure submitted by Smt. Raj Kumari has been
allowed and leave to file fresh suit has also been given.
Mr. Khet Singh, learned counsel for the petitioner, on Court''s
query, informs that till today, the petitioner has not received any
notice or information about filing of the fresh suit by the said Smt.
Raj Kumari. The reasons for the same are not far to seek, as
she is already a party in the other suit for partition, he explains.
In view of the above, issuance of notice in the present case
would be of no use.
Accordingly and in view of the above, the proceedings in the
present writ petition are closed.
However, in the circumstances of the case, the petitioner
shall be at liberty to apply for revival of the writ petition, if he
receives any notice of the fresh suit for partition filed by the said
Smt. Raj Kumari.
The writ petition stands disposed of for statistical purposes.