IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.535 of 2007 1.Jag Rani Devi W/o Hardeo Mehta 2. Hardeo Mehta S/o Late Pratap Mehta Both resident of Village Mohammadpur Neyaji Tola Behari Bigha P.S. Daudnagar Dist. Aurangabad Defendants- Respondents- Petitioners Versus 1. Rajdeo Mahto 2. Sahdeo Mahto both sons Late Pratap Mahto 3. Ram Raj Mehto 4. Jai Ram Mehto 5. Jai Kant Mehto 6. Srikant Mahto all sons of Rajdeo Mahto 7. Amrit Mahto 8. Amit Mahto sons of Sahdeo Mahto All resident of Village Mohammadpur Neyaji Tola Behari Bigha P.S. Daudnagar Dist. Aurangabad Plaintiffs- Appellants- Opposite Party ----------- For the petitioners: Mr Sanjay Kumar, Advocate For opposite party nos.1 and 2: Mr Jitendra Pd. Singh, Advocate ----------- 02 10.09.2009 Heard learned counsel for the petitioners and learned counsel for the opposite parties. 2. This civil revision has been filed by defendants- respondents-petitioners challenging order dated 15.01.2007 by which learned Ist Additional District Judge, Aurangabad rejected their application for abatement of Title Appeal no. 43 of 1993(8/2005) on the ground that respondent no.3 of the said title appeal Budhiya Kuer having died on 13.08.1996, her five daughters were not substituted in her place. 3. This civil revision arises out of Title Suit no. 249 of 1990 which was filed by the opposite parties for declaration that the deed of gift dated 16.10.1990 executed by defendant no.1 in favour of Budhiya Kuer was fraudulent and illegal and for other ancillary reliefs. In the said suit defendants appeared and contested, whereafter - 2 - the suit was dismissed on 09.03.1993. 4. Against the aforesaid decree of the trial court, the plaintiffs filed Title Appeal no. 43 of 1993 in which the defendants- respondents appeared and filed the aforesaid application regarding abatement which was rejected by the learned court below vide its order dated 15.01.2007 which is under challenge in the instant civil revision. 5. After some argument learned counsel for the petitioners seeks permission to withdraw this civil revision with liberty that if the daughters of the said deceased Budhiya Kuer (respondent no.3 in title appeal) appear in title appeal they would be made parties to it. 6. Accordingly, this civil revision is dismissed as withdrawn. If Budhiya Kuer had left behind any daughter (denied by opposite parties) and the said daughters appear in the title appeal without any further delay, the leaned lower court after ascertaining the correctness of their claim may implead them as parties to the title appeal. shahid (S.N.Hussain, J)