DALVEER BHANDARI, J.

( 1 ) THIS appeal is directed against the judgment of the learned Single Judge dated 6th November, 1995 delivered in E. A. No. 177/94 and 178/94. The brief facts which are necessary to decide this appeal are recapitulated as under :

( 2 ) IN the year 1967, a suit for partition was filed by Chiranjeet Lal Malftotra against Ram Nath Malhotra of House No. J-III 30, Lajpat Nagar, New Delhi. The suit was decreed in the year 1971 and judgment and decree was passed in favour of Chiranjeet Lal Malhotra against Ram Nath Malhotra.

( 3 ) AFTER considerable litigation, execution petition was filed on 19th September, 1981 for execution of the said decree. Notice of execution petition was directed to be issued to R. N. Malhotra, Judgment debtor, who appeared in person in court on 20th October 1981 and was allowed to file reply. R. N. Malhotra expired on 4th November, 1981. Immediately thereafter, notices were directed to be issued to the legal heirs of the judgment debtor. Notices were served on the legal heirs almost after a year.

( 4 ) BEFORE the notices could be served on the legal heirs, Smt. Santosh Malhotra, widow of the Judgment debtor R. N. Malhotra by means of a sale

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