IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA th ON THE 26 OF MARCH, 2025 CIVIL REVISION No. 138 of 2015 DECEASED RAKHABDAS THRU. LRS. SURESHCHANDRA AND OTHERS Versus LALITKUMAR AND OTHERS Appearance:

Shri Dharmendra Kumar Sharma, learned counsel for the petitioner.

Shri Anuj Bhargava, learned counsel for respondent No.1.

ORDER The petitioner has filed the present civil revision under Section 115 of the Code of Civil Procedure, 1908 against the order dated 18.07.2014 passed rd by the III Additional District Judge, Ujjain, whereby the Miscellaneous Civil Appeal has been allowed and the judgement and decree dated 09.07.2003 have been set aside on the ground that the suit stands abated because legal heirs were not brought on record.

02. Facts of the case in short are as under:

2.1. Petitioner - Rakhab Das (now dead & represented through legal heirs) filed a suit against Abdul Karim (now dead and represented through legal heirs) and two others on 10.03.1943 for the release of mortgaged house No.1356 (new number 186 & 187), Jivajiganj, Ujjain, cancellation of a sale deed dated 04.01.1943 executed by defendants No.1 & 2 in favour of defendants No.3 & 4,