JUDGMENT :

1. Heard Sri Akhilesh Chandra Shukla, learned counsel for the petitioners, Sri Kshitij Shailendra, learned counsel appearing for contesting respondent no. 1, Sri Namit Srivastava, learned counsel appearing for contesting respondent no. 8 and perused the record.

2. The petitioners before this Court are judgment debtors of judgment and decree dated 25th of March, 1994 passed in a suit being O.S. No. 993 of 1985 for specific performance of contract.

3. The suit was unsuccessfully appealed against by the present petitioners before the First Appellate Court and then before the Second Appellate Court. It transpires from the record that the appellants moved a substitution application to substitute the legal heirs of Shamima Begam, who died issue-less and accordingly, the heirs of husband's brother were brought on record.

4. A counter affidavit was filed on behalf of the heirs of late Shamima Begum sworn by Fakhruddin in second appeal wherein it was stated that Shamima Begum and Aliya Begum have died. This counter affidavit was accompanied by a document of family settlement wherein it was stated that Saleha Begum died during the pendency of appeal and her legal representatives were