IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE PRADEEP MITTAL

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ON THE 3 OF FEBRUARY, 2026 MISC. CIVIL CASE No. 3128 of 2025 SMT. SUDHA JAIN Versus SHARAD KUMAR JAIN( DIED) THROUGH HIS LEGAL HEIR VINAY KUMAR JAIN Appearance:

Ms. C Veda Rao - Advocate with Shri Gurdeep Singh Wadhwa -

Advocate for the applicant.

Shri Raman Choubey - Advocate for the respondent No.1.

Shri Sanjay K. Agrawal - Senior Advocate with Shri Mihir Agrawal - Advocate as amicus curiae.

ORDER Per: Justice Vivek Rusia The applicant/wife has filed the present MCC under Order 22 Rule 9 of the Code of Civil Procedure, 1908 for setting aside the order of abatement dated 14.08.2025 whereby First Appeal No.342/2005 has been dismissed as abated on the ground that since 90 days had expired from the date of death of respondent namely; Late Shri Sharad Kumar Jain i.e. 08.03.2024 during the pendency of the said First Appeal.

2. The marriage of the applicant/wife was solemnised with Late Shri Sharad Kumar Jain on 22.04.1984 as per Hindu rites and rituals, and out of their wedlock, two daughters, namely, Ku. Sampada and Ku. Sampatti were born to them. The husband and wif