GANESH CHANDRA PRODHAN Vs. MAYA SINHA

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of some of the respondents in proceedings for revocation of probate and is directed against Order No. 10 dated August 6, 2004 passed by the Additional District Judge, 1st Court, Alipore in Revocation Case No. 25 of 2004 thereby allowing an application for temporary injunction filed by the respondent Nos. 1 to 3 in part and restraining the present appellants from inducting anybody in the property covered by the Will till the disposal of revocation proceedings.

(2.) There is no dispute that one Gour Chandra Prodhan, the father of the parties was the original owner of the property. It appears from record that on the death of the said Gour Chandra Prodhan, the present appellant Nos. 1 and 2 applied for grant of probate of the alleged last Will and testament executed by the said Gour Chandra Prodhan and the Probate Court granted probate with the consent of all the heirs of the deceased testator including that of the respondent Nos.1 to 3 who are the married daughters of the testator.

(3.) Such probate was granted on 25th July, 1983. By the said Will the property . involved herein was given to the sons of the deceased excluding the married daughters.