Hon’ble Tarun Agarwala, J.—Heard Shri Kunal Ravi Singh and Shri Sharad Malviya, the learned counsel for respondent.

2. The plaintiff Smt. Rambachchi Devi instituted a suit for maintenance and partition in respect of certain movable and immovable properties against the defendants, who were the children of her husband from the first wife. It was alleged that the defendant No. 1 was not maintaining her, and therefore, the suit was instituted for the reliefs claimed by her. The defendants contested the claim and submitted that the plaintiff had only a limited right under a Will dated 15th May, 1967 executed by the husband of the plaintiff, and therefore, she was not entitled either for maintenance or for partition of the properties. The trial Court, after considering the material evidence on record, dismissed the suit for maintenance, but decreed the suit for partition of the houses holding that the plaintiff was entitled to 1/16th share. The said decree became final and was not challenged by the defendants. Consequently, the plaintiff filed an application for the preparation of a final decree. During the pendency of the execution proceedings, the plaintiff died. The petitioner