CHHANDA SINHA Vs. SHYAMAL KR CHATTERJEE

JUDGEMENT

(1.) The prayer for temporary injunction of the defendant no.5/appellant, pending disposal of the probate proceeding was rejected by the Learned Additional District Judge, 2nd Court at Alipore vide Order No. 36 dated 1st July, 2011. The instant first miscellaneous appeal is directed against the said order.

(2.) After hearing the learned advocates appearing for the parties and after considering the materials on record including the order impugned, we feel that justice will be subserved, if the interim order of injunction which was passed by the other Division Bench of this Court while admitting the appeal on 28th September, 2011, is continued till the disposal of the probate proceeding. The following interim order was passed:-

(3.) We thus, dispose of the appeal by restraining the plaintiffs from transferring, alienating or encumbering the property covered by the Will till the disposal of the probate proceeding. We also request the Learned Trial Judge to expedite the disposal of the probate proceeding being O.S. No. 4 of 2008 as far as possible.