Vineet Kothari, J. - (1.) The present Revision Petition has been filed by the petitioners-applicants against the rejection of their application filed under Order 7, Rule 11 of the Code of Civil Procedure. The impugned order dated 28.02.2015 was passed by the learned Judge, Family Court, Merta, District Nagaur in Civil Misc. (H.M.) Case No.23/2014 "Phool Chand v. Gopal Chand & Ors. " by which order, the learned Judge of the Family Court, Merta has dismissed the application of the petitioners filed under Order 7, Rule 11 of the Code of Civil Procedure.
(2.) The dispute is about the custody of a minor child namely Aarti @ Anjana, aged 9 year, who is presently living with her maternal grand-father and mother on one side and on the other side, the present respondent-plaintiff-Phool Chand, the father of the minor child. The mother of the minor child namely, Smt. Sumitra, unfortunately expired due to cancer on 26.09.2009 and thereafter, the plaintiff-Phool Chand has re-married with another woman. The present application for custody of the minor child has been filed by the father-Phool Chand in the year 2012, i.e., on 29.08.2012.
(3.) By the agreement of both the learned counsels, the present Revision Petition filed on behalf of the petitioners-Gopal Chand S/o Chunni Lal & Ors. deserves to be disposed with a direction to the learned Additional District Judge, Sujangarh, District Churu where, the minor child namely, Aarti @ Anjana is presently residing with her maternal grand-father and mother, to decide the application for custody of the minor child in accordance with law on merits and to expedite the trial. Ordered accordingly.;