Ld. Lawyer for the JDr. is present. But legal heirs of oiginal DHr. is not substituted as DHr. though Sukhendu Bikash Ghosh died on 16/09/2012 and he has legal heirs admittedly but they have not turned up. But one Gayatri Ghosh is tenant in the decreetal flat but one Madan Ghosh by filing a registered will of late Sukhendu Bikash Ghosh has claimed him-self as substituted DHr. But such a plea cannot be accepted as legal plea for executing decree.

but it is settled principle of law that after decree holder's death if his/her legal heirs do not come forward to execute the decree in that case any execution case shall be dropped.

But if any third party wants to be addedd as party on the basis of any will (Probated will) or any other documents  in that case he shall produce prove valid documents such as registered deed of sale and / or probated will or by any other document of title but invariably after due notice to the legal heirs of the DHr. but in this case time is not malined on the gorund that Will has not been yet probated and as such registered will alone cannot confer any legal letter and interest in the said property at this stage for implementation of decree.

in the above situation the pesent execution case is dropped at this stage when legal heirs of the DHr. have not filed any prayer for substitution but on the basis of the prayer of Madan Ghosh not legal heirs the decree holder cannot claim any implementation of the decree only on the basis of registered will but invariably his right will be considered if any probated will of Sukhendu Bikash Saha is produced  before this Forum. So, present Madan Ghosh shall take such step after maturity of this  right but not before that.