Mishra, J.

This appeal has been,posted after notice of motion and since we have heard learned counsel for parties at length, we find it possible to dispose of the appeal itself at this stage.

2. One Padmini Chandrasekharan who died on 6. 1980 at Madras had executed a will on 20.9.1975. That will was sought to be probated in O.P.No.117 of 1981 on the file of this court under Secs.222 and 276 of the Indian Succession Act. It appears that on 24. 1981 probate was issued to the plaintiff/ respondent. But on a petition by Padmini’s husband in Application No.1998 of 1982 it was revoked. In terms of an order finally passed by the Supreme Court by consent of the parties, the judgment of the Court in O.P.No.117 of 1981, dated 19. 1982 and O.S.Appeal No.96 of 1983, dated 13. 1984 were set aside and it was ordered that on the caveat filed by him, the matter would be treated as a regular testamentary suit in the Original Side of the High Court. This order was passed by the Supreme Court on 19. 1985 in Civil Appeal No.4462 of 1984. After the order and during the proceedings in the testamentary suit as ordered by the Supreme Court, Padmini’s husband Chandrasekharan died on 35. 1991. T