2021 (12) TMI 1498
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....Maniyar, since deceased, seeks further ad interim order of injunction in respect of the assets and properties of the deceased, with regard to which probate has been sought and a prayer for appointment of administrative pendentelitehas been made. Learned counsel contends that the objector Subhas Maniyar, who is one of the sons of the deceased as well as a legatee under the Will dated august 3, 2020, is attempting to change the entire shareholding of the trust, to which the other legatee (another son) of DheerajManiyaris also entitled. Learned counsel submits Subhas is altering the shareholding, and thereby control, in respect of at least three companies, the shares of which were part of the assets of the testator and to the profits of whic....
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....idence Act, argues that in the absence of any affidavit/verification having been filed in respect of the execution of the Will dated August 3, 2020 by any of the attesting witnesses, the Will has no evidentiary value and, thus, cannot be looked into by the probate court at all. That apart, it is contended that a trust cannot be the subject-matter of adjudication before a probate court. It is further contended that the testator was a minority in all the companies excepting one, regarding the shareholdings of which alterations took place. Moreover, the shareholders are, at best, entitled to a right to the profit and cannot claim the entire assets of the company as their own property. That apart, the learned Senior Advocate places reliance ....
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....ine Cal 1671 (Ajay KumrNewar Vs. Harsh VardhanLodha); (iii) 2012 SCC Online Cal 8684 (harsh VArdhanLodha Vs. Devendra Kumar Mantri); (iv) (2007) ILR 2 CAL 377 [Rajendra Singh Lodha Vs. Ajoy Kumar Newar); (v) AIR 2006 Cal 259 (Priyambada Debi Birla Vs. Ajoy Kumar Newar); (vi) AIR 2011 Bom 136 (RamchandraGanpatraoHandde vs. VithalraoHande and others); (vii) 2016 SCC Online Cal 1541 (In the goods of Priyambada Birla (deceased)). Apart from the above propositions, the learned Senior Advocate further argues that no temporary injunction order can be passed against a non-party to a probate proceeding, by placing reliance on 2016 (1) SCCC 734 [West Bengal Housing Board Vs. PramilaSanfui And others) and that the heirs of the deceased are ....
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.... for seeking further orders, by way of appropriate application or otherwise before the matter was taken up for consideration, was only given to the respondent and not the petitioner. In such view of the matter, since the said order has merged into the order of the Division Bench and has attained finality, the same cannot be vacated at the ad interim stage itself by this Court, which would tantamount to sitting in judgment over a co-ordinate Bench order, that too prior to the affidavits being exchanged in connection with the main injunction application. That apart, the petitioner has failed to establish any change of circumstance in the interregnum, between October 8, 2021, when the Single Bench order was passed, and the present. Hence, th....