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2021 (12) TMI 1498 - CALCUTTA HIGH COURTSeeking ad interim order of injunction in respect of the assets and properties of the deceased - passing of temporary injunction order against a non-party to a probate proceeding - absence of evidence of any attesting witness - HELD THAT:- Despite a challenge having been thrown to the authenticity of the signature of the petitioner in certain documents annexed to the application, the necessary particulars of fraud and/or forgery, ascontemplated in Order VI Rule 4 of the Code of Civil Procedure, have not been established at this stage to hold ex facie that fraud was perpetrated by the respondent. It is true that the probate court is not debarred absolutely from adjudicating prima facie on the right, title and interest of the contesting parties for the limited purpose of deciding an application for appointment of administrator pendentelite and/or passing orders of injunction in aid of the final grant in the probate proceeding. However, in the instant case, there is no scope of reconsidering the previous order of a co-ordinate Bench, as modified by the appellate court, at the ad interim stage itself before affidavits are exchanged and the injunction application / application for administrator pendentelite is heard finally on merits, since no change of circumstance in the interregnum has been established by the petitione In such view of the matter, the petitioner’s prayer for further reliefs in terms of the prayers other than relief of the injunction application has to be turned down at this stage. The respondents shall file their affidavit(s)-in-opposition to the injunction application - Reply/replies, if any, thereto shall be filed by January 14, 2022 - The matter shall next be enlisted for final hearing.
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