MUNICIPAL COUNCIL, MANDSAUR vs FAKIRCHAND AND ANR.

The Supreme Court upheld the High Court's decision that the appeal by the Municipal Council, Mandsaur, had abated due to the failure to bring the legal representatives of a deceased co-owner on record, as required under the relevant procedural rules. The Court clarified that the property in question was not necessarily represented by the surviving eldest brother as Karta, since the plaintiffs did not establish that it was coparcenary property. The appeal was dismissed without costs, affirming the necessity of including all legal heirs in such proceedings.