JUDGMENT - DESHMUKH D.K., J.:---By this appeal, appellants challenge the order dated 6/7th April, 1994 passed by the learned Single Judge of this Court in Writ Petition No. 1987 of 1988. That writ petition was filed by the present respondents Nos. 1, 2 3.

2. The facts that are relevant and material for deciding this appeal are that the present respondent Nos. 1, 2 3 (hereinafter referred to as the petitioners) are the legal representatives of the deceased Shri Hansraj Dedhia, who expired on 29th May, 1988. Respondent No. 1 Gulabben Hansraj Dedhia is the widow, whereas respondents Nos. 2 3 are the sons.

The deceased Hansraj Dedhia was the tenant of flat No. 4 on the second floor of the building known as "Shakti Nivas". That building was owned by one Manghibai Morarji Narsi, who was also residing in that building. The said landlady Manghibai has expired and has left behind a will, which has been probated. Under that Will, income from the building is to be utilised for the maintenance of one Kasturi, a grand daughter of the landlady, during her life time and after the death of the said Kasturi, the property is to be sold and proceeds are to be divided amongst the children of orig

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