IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI

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ON THE 12 OF NOVEMBER, 2025 MISC. CIVIL CASE No. 1505 of 2025 HABIB S/O AHMAD KHAN (DECEASED) THROUGH LRS MOHAMMAD GULAM DASTGRI Versus ASRUN BI W/O AHMAD KHAN MUSALMAN (DECEASED) THROUGH LRS NASIR KHAN AND OTHERS Appearance:

Ms. Bharti Lakkad, advocate appearing on behalf of Shri Baldeep Singh Gandhi, learned counsel for the petitioner.

Shri Jitendra Bharat Mehta, learned counsel for the respondent [R-29].

ORDER Heard on I.A. No.4041/2025, an application for condonation of delay as well as on merits.

2. This application has been filed by the applicant under Order 22 Rule 9 (2) r/w Section 151 of CPC for setting aside the abatement of Second Appeal No.153/2006 dismissed on 22.03.2025 as abated against the deceased sole appellant.

3. The facts relevant to the case are that Late A suranbi was the original plaintiff, who filed a suit for partition of her one-sixth share in the suit house and possession thereof against the defendants after effecting partition by meets and bounds as also for mesne profit. The suit was decreed in favour of the said plaintiff thereby holding that the plaintiff is ent