KISHAN MAL LODHA, J. - (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. A few facts may be recalled. One Sudhir Kumar Pareek died on November 12, 1983 at Doha (Qatar) Arbian Gulf in a motor accident. His cargo was sent from Qatar by air and the same was detained by the Custom Authorities at Bombay Air Port vide detention memo No. 15414 dated November 18, 1983. The appellant, who is mother of deceased Sudhir Kumar submitted an application under Section 278 of the Indian Succession Act, 1925 (for short 'the Act') for the grant of Letters of Administration regarding the property of the deceased Sudhir Kumar, before the District Judge, Jodhpur. The Letters of Administration was claimed by the appellant on the ground that she is Class I heir of the deceased under the provisions of the Hindu Succession Act. The names of the other heirs inclusive of respondent Smt. Gunwati Devi, who is widow of deceased Sudhir were also given. The appellant was informed by the Assistant Collector (Customs) Air Customs Pool, Niptshaher, Bombay vide letter dated January 25/27, 1984 that in case the succession certificate in respect of heirship of the deceased is not produced and cargo is not cleared within a period of 15 days from the date of receipt of this letter, the detained goods will be disposed of without any further reference to the appellant. The letter was received on January 29/30, 1984. This led to the filing of the application under) Order XXXIX, Rr. 1 and 2 and Section 151, CPC read with Section 195 of the Act. It was prayed that the Custom Authorities may be restrained from disposing of the goods until order for grant of Letters of Administration is made by the District Judge, Jodhpur. A prayer was also made that until the application for grant of letters of Administration is decided, a Curator may be appointed and he may be directed to take the possession of the goods of the deceased Sudhir Kumar, which are with the Custom Authorities so that they may be protected. On account of the urgency of the matter, it was pressed before the learned District Judge that the application may be decided immediately. The learned District Judge, by his order dated February 8, 1984 ordered that a notice may be issued for the application to the other relatives of the deceased. He was of the opinion that without making any enquiry, he cannot appoint any Curator. The application dated February 8, 1984 was, accordingly, disposed of. Against that, this appeal has been filed.
(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.;