IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 28 OF JANUARY, 2026 MISC. CIVIL CASE No. 2762 of 2025 SMT. GEETA AND OTHERS Versus SMT. KALI BAI AND OTHERS Appearance:

Shri Arvind Kumar Shrivastava - Advocate for the applicant.

Shri S.K. Dubey - Panel Lawyer for the respondent/State.

Shri Vikram Johri - Advocate for respondent No.1, 2 and 4.

ORDER The present application has been filed and styled as application for recalling of order dated 03.05.2024 passed in First Appeal No.364/2014. Along with the application for recalling, an application under Order 22 Rule 9 of CPC for setting aside abatement and condonation of delay has been filed as I.A.No.16526/2025 and I.A.No.16527/2025.

2. Preliminary objection has been taken by counsel for the respondents that firstly restoration application was filed which was dismissed as withdrawn to file properly constituted application and it was also not maintainable. Now the present application has been filed which is also not maintainable as it is not filed under the provisions of Order 22 Rule 9 of CPC for setting aside the abatement.

3. From the perusal of the application, it is found that in the prayer