(Dr. D.Y. Chandrachud, J.)

1. The appeal arises from a judgment of a Learned Single Judge dated 21 June 2013, which has been rendered in a Chamber Summons which was taken out by the Appellant for being brought on the record in execution proceedings arising out of a consent decree, in his capacity as an executor of a will alleged to have been executed by the original Third Defendant. The Third Defendant died and the Appellant has instituted proceedings for probate which are pending. The Learned Single Judge dismissed the Chamber Summons on the ground that unless the rights of the Appellant as sole executor are 'finalised' or decided by the Court upon the grant of probate, it was not open to the Appellant to seek to be joined in the execution proceedings.

2. In a partition suit of 1989, Consent Terms were arrived at on 7 February 2008. The suit was decreed in terms of the Consent Terms. Clause (1) of the Consent Terms related to a flat in a building called Shyam Nivas. The Consent Terms envisaged that the flat would be sold and the original Plaintiff and the seven defendants would each obtain a one eighth share in the sale proceeds, after deducting the expenses of the sale. T