ARUN TANDON,RITU RAJ AWASTHI,J. - (1.) Heard learned Standing Counsel on behalf of the State of U.P. and Sri Rahul Sripat, Advocate on behalf of respondent no. 1. Nobody is present on behalf of other respondents.
(2.) The facts on record of the present appeal relevant for deciding the matter are as under: Testamentary Case No. 10 of 1981 in the matter of goods of Late Shri H.C.R. Gomes; Testamentary Case No. 9 of 1982 in the matter of goods of Late G.R.G.R. Gomes connected with Testamentary Suit Nos. 11 of 1982, 12 of 1982 and 13 of 1982 in the matters for goods of Ms. Sheila Dorothy Penn, for Letters of Administration of the wills of her sister Late Mrs. G.M.R. Gomes Ms. Sheila Dorothy Penn, who also sought Letters of Administration of the estate of her surviving brother Late Herold Charles Rutland George Gomes, were instituted before the Hon'ble High Court.
(3.) The aforesaid testamentary cases were decided under order dated 13.09.1983 and letter of administration was issued in favour of the petitioner Ms. Sheila Dorothy Penn. The order of the learned Single Judge was subjected to challenge by way of Special Appeal No. 15 of 1983, which is stated to have been disposed of vide order dated 10.11.1986. Ms. Penn is stated to have expired. Subsequent to her death Sri Brij Bhushan Paul, an advocate of the Allahabad High Court, applied for and was granted letters of administration of the estate of late Ms. Penn on the basis of a registered will.;