Inherent power under Section 151 CPC can protect probate property from alienation during a pending appeal.

In a pending probate appeal, the High Court held that the court may use its inherent power under Section 151 CPC to preserve the testamentary property and prevent the appeal from becoming ineffective. Because the appellant had already transferred part of the property and indicated further alienation, the Court found interim protection necessary despite the dispute relating to the validity of the will and letters of administration. It distinguished the authorities cited by the appellant and granted injunction protection over the suit property during pendency of the appeal, restraining alienation, transfer, encumbrance, or damage until disposal.

---

---

Issues: Whether, in a pending probate appeal, the Court could restrain the appellant from alienating or otherwise dealing with the property forming the subject matter of the testamentary proceeding.

Analysis: The appellant had already transferred part of the property and intended further alienation during pendency of the appeal. The Court distinguished authorities relied upon by the appellant and applied the principle that, even where the dispute is as to the validity of a will or grant of letters of administration, the Court may use its inherent power to preserve the subject matter of the litigation. Relying on the settled principle that interim protection may be granted to prevent the decree from becoming ineffective, the Court held that Section 151 of the Code of Civil Procedure could be invoked to protect the property during the pendency of the appeal.

Conclusion: The Court held that an injunction could be granted and restrained the appellant from alienating, transferring, encumbering, or damaging the suit property until disposal of the appeal.

---