1. F. A. A. 516/89, F. M. A. T. 61/89 and C. O. T. 3460/89 have ait been assigned to us disposal.

2. F. M. A. 516/89 was directed against an order dated april, 30, 1988 passed by the District Delegate, Alipore, 4-Parganas, in Act XXXIX Case No. 384/83. This appeal has been filed by Hirak Roy who is the Executor to the last 111' and testament of Smt. Giri Bala Devi. F. M. A. T. 34 61/8? which has now been renumbered as F. M. A. 212/90 has been referred by Dr. S. K. Roy @ Sushil Roy, A. C. Roy @ Anil 3y and Smt. Bani Roy impugning an order dated 30th July, 1989 passed by the. District delegate in the self same case ejecting the application filed by the appellants under section 247 of the Indian Succession Act regarding appointment of any one of them as Administrator pendente lite for selling the 1/4th undivided share at premises no. 73, Dr. Meghnath Saha Sarani in respect of which the appellants ere the beneficial or the legatees under the Will of of their mother, Smt. Giri Balm Devi 'and of which Hirak roy was the Executor. The learned District Delegate came 3 a finding that the Executor Hirak Roy did not make any retention delay in the Probate proceeding and there was 3 ne