1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Letters Patent Appeal No. 396 of 08 Vilas and ors v. Sou Usha ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr P.D. Meghe, Adv for appellants. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 21st March 2009 1. Heard Mr P.D. Meghe, learned counsel for appellants. This Letters Patent Appeal is directed against the decision of learned single Judge dated 17th October 2008 whereby Writ Petition No. 5850 of 2007 filed by appellants came to be dismissed. 2. Considered the contentions canvassed by learned counsel for the appellants. It is not disputed that one Anusuyabai wife of Chandrakant filed a suit for declaration and injunction against the present appellants on the basis of Will dated 26.3.1996 executed by her husband. The Trial Court decreed suit. Though the first appeal is filed by present appellants, 2 execution proceedings are initiated by Anusuyabai. During the pendency of execution proceedings, Anusuyabai died leaving behind son and daughter (present appellants), Appellants submitted application for substitution as legal heirs of late Anusuyabai which was rejected by the executing court. Appellants filed writ petition which was dismissed by learned single Judge by the impugned order. Hence, present Letters Patent Appeal. 3. Late Anusuyabai became absolute owner of the property in question on the basis of Will dated 26.3.1996. Suit filed by her was also decreed. In that view of the matter, taking into consideration the provisions of Section 15 of the Hindu Succession Act, the conclusions arrived at by learned single Judge, in our view, are sustainable in law. No case is made out for showing indulgence. Letters Patent Appeal is dismissed. Judge. Judge. hsj