Interim probate relief cannot reopen a co-ordinate Bench order absent fresh circumstances; additional ad interim protection was refused.

A probate court may grant interim protection in aid of a testamentary proceeding, but it cannot use that power to revisit a co-ordinate Bench order at an ad interim stage unless a fresh change of circumstances is shown. Here, the existing subsistence allowance order had already been appealed and modified, and no post-order circumstances or particulars establishing fraud or forgery were demonstrated. The earlier order therefore remained undisturbed for the time being, and further ad interim relief was declined. The parties were left free to argue the injunction application on merits after exchange of affidavits.

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Issues: Whether further ad interim relief beyond the subsisting allowance order could be granted at this stage, and whether the earlier order could be reconsidered or modified before exchange of affidavits.

Analysis: The existing order granting subsistence allowance had already been carried in appeal and modified, and thus had attained finality for the time being. In the absence of any established change of circumstances after the earlier order, there was no basis to vary it at the ad interim stage. The Court also found that the petitioner had not shown the particulars necessary to establish fraud or forgery at this stage. While a probate court is not wholly barred from granting interim protection in aid of the testamentary proceeding, that power could not be exercised here to revisit a co-ordinate Bench order before the injunction application was finally heard.

Conclusion: The prayer for further ad interim relief was rejected at this stage, and the existing allowance order was left undisturbed.

Final Conclusion: The proceeding was disposed of by declining additional interim relief, while preserving the parties' rights to argue the injunction application on merits after affidavits are exchanged.

Ratio Decidendi: A co-ordinate Bench order that has merged into an appellate order and has not been shown to require modification on account of a fresh change of circumstances cannot be reconsidered at an ad interim stage before final hearing.

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