JUDGMENT :

Vivek Rusia, J.

1. The petitioners (hereinafter referred to as plaintiffs) have filed the present petition being aggrieved by the order dated 27.04.2019 passed by II Additional District Judge, Jaora, District Ratlam.

2. Facts of the case in short as under:

The plaintiffs had filed Civil Suit for declaration of title and partitioned of joint family property. Vide judgment dated 24.01.2009 the suit had been decreed by Second Civil Judge Class-II Jaora District Ratlam ascertaining 1/7-1/7 share of plaintiffs as well as defendants and directed that they are entitled to partition through the court. Defendant No. 1 was restrained to get a mutation in his name.

3. Being aggrieved by the aforesaid judgment and decree the defendants filed a first appeal in the year 2013 alongwith an application for condonation of delay under Section 5 of the Limitation Act. The presents plaintiffs filed the reply to the aforesaid application on 29.05.2013.

4. The appeal is pending since 2013 in the court of II Additional District Judge, Ratlam. On 24.02.2019, it came to the notice of the learned Additional District Judge that an application under Section 5 of the Limitation Act has not been decided so