THAKURI BAI Vs. LAXMI CHAND

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioners have challenged two orders made by the Executing Court dated 21st of November 1987 and 24th of January 1989, hareinafter referred to as the first and the second impugned orders respectively.

(2.) By the first impugned order, the Court held that the execution proceedings instituted by Decree-Holder Thakuri Bai had abated as no application had been made till then by the legal representatives after her death on 8th December. 1986 By the second impugned order, the Court dismissed an application filed by the petitioners to set aside the first impugned order and to allow them to be brought on record as legal representatives of the deceased decree holder and to continue the execution proceedings.

(3.) The petitioners claim to be legal representatives of Thakuri Bai by virtue of a registered Will dated 2nd of June 1981 They. claim that the interest of Thakuri Bai in respect of shop No. 122, Khanna Market, Lodi Colony, New Delhi, and a decree obtained by her for possession and mesne profits in respect of the said shop against Laxmi Chand. respondent No. 1, devolved upon them on the death of Thakuri Bai on 8ih of December 1986 and that they are entitled to continue the execution proceedings after her death.