J U D G M E N T

Basant, J.

The petitioner has come to this Court again, complaining that I.A.Nos.1531/09 and 1532/09 filed by him to set aside an ex parte decree for partition and for condonation of the delay in filing such application are not disposed of by the learned Judge of the Family Court. The petitioner had come earlier before this Court and his petition W.P.(C)No.18926/09 was dismissed with observations on 8.7.2009.

2. The learned counsel for the petitioner submits that the said applications, I.A.Nos.1531/09 and 1532/09 are still pending and have not been disposed of. But the court below is proceeding further with I.A.No3217/08 for passing final decree in terms of the ex parte decree for partition. The short prayer of the petitioner is that the court below may be directed to dispose of I.A.Nos.1531/09 and 1532/09, before passing final orders in I.A.No.3217/08.

3. The request of the petitioner appears to be absolutely reasonable. The remarks of the learned Judge of the Family Court was called for. The learned Judge of the Family Court in the report dated 6.10.2009 accepts that I.A.Nos.1531/09 and 1532/09 have not been disposed of. It is also evident from the said report of the