R. N. MISRA, C. J.

( 1 ) THE decree-holder in a title suit assails in this application Under Section 115 of the Civil P. C. the order of the Executing Court entered on an application Under Section 47 of the Civil P. C. holding that the final decree was not executable.

( 2 ) THE short facts relevant for the point arising for consideration are these : The plaintiff-petitioner filed two suits, being Money Suit No. 320 of 1965 for realisation of a specific amount and Title Suit No. 129 of 1966 for dissolution of a partnership and rendition of accounts. The two suits were heard analogously and decreed on 22-7-68. The defendant preferred Title Appeal No. 115 of 1968 and Money Appeal No. 31 of 1968 against the respective decrees. Money Appeal No. 31 of 1968 was dismissed and the Title Appeal was allowed. Thereupon the plaintiff-petitioner preferred Second Appeal No. 7 of 1970 against the reversing decree of the Title Appeal and the defendant preferred Second Appeal No. 4 of 1970 against the affirming decree in the Money Appeal. During the pendency of these two appeals before this Court, the sole defendant died on 1-12-72 leaving behind his widow, 3 sons and 4 daughters. In defendant's S