CAPT. VIJAY KUMAR TREHAN Vs. JACINTH ABOOBACKER

JUDGEMENT

(1.) The appellant is the 3rd respondent in Probate O.P. (Caveat) No.28 of 2017 on the file of the District Court, Kozhikode, filed by the 1st respondent herein, under Sec. 284 of the Indian Succession Act, 1925, and I.A.No.309 of 2017 filed in that Probate O.P. (Caveat) under Ss. 268 and 269 of the said Act, read with Order XXXIX Rule 1 and Sec. 94 of the Code of Civil Procedure, 1908. In I.A.No.309 of 2017, the 1st respondent sought for an interim injunction against the respondents therein, restraining and preventing them from alienating, converting, transferring or dealing with any of the rights, title or interests of the parties over all or any one of the items of properties described in the petition schedule or creating any adverse third party interest, transferring any shares held in M/s.Malabar Produce and Rubber Company Ltd.

(2.) The 1st respondent herein is the eldest daughter of an Indian Christian couple, late M.O.Thomas and late Jolly Thomas. The 2nd respondent herein is the second eldest son, the 3rd respondent herein is the younger son and respondents 4 to 6 herein are the children of the 2nd respondent herein. The th respondent is the son of the 3rd respondent herein and the 8th respondent is the daughter of the 1st respondent herein. The appellant herein, who was arrayed as the 3rd respondent in I.A.No.309 of 2017 and in Probate O.P. (Caveat) No.28 of 2017, is the executor appointed in a registered Will bearing No.111/2004 dtd. 31/8/2004 of the Sub Registrar Office, Kozhikode, stated to have been executed by Jolly Thomas. M.O.Thomas died intestate, on 23/9/1972, at Velloor Medical College, and his estate vested with his spouse and children. Later, Jolly Thomas died on 16/12/2016.

(3.) The 1st respondent herein filed O.P. (Caveat) No.28 of 2017 before the District Court, Kozhikode, anticipating the institution of testamentary proceedings in respect of the Will executed by Late Jolly Thomas, bearing document No.111/ 2004 dtd. 31/8/2004 of the Sub Registrar Office, Kozhikode. In the affidavit filed in support of I.A.No.309 of 2017, an application filed under Ss. 268 and 269 of the Act, read with Order XXXIX, Rule 1 of the Civil Procedure Code, it is alleged that after the death of Jolly Thomas, in a joint meeting of the siblings, a copy of Will executed by the mother was presented. The 1st respondent is not aware of the authenticity or veracity of the Will. The properties described in the Will are mostly that owned by M/s.Malabar Produce and Rubber Company Limited. The appellant herein, a stranger to the family, has been appointed as the executor of the Will and named as legatee. It was in such circumstances, the 1st respondent herein filed Probate O.P. (Caveat) No.28 of 2017 and also the interlocutory application, i.e., I.A.No.309 of 2017, under Sec. 269 of the Act, seeking an interim injunction.