1. Heard.

2. Admit.

3. Record and proceedings are dispensed with by consent at the admission stage.

4. The challenge is to the order passed by the Civil Judge (Sr. Dn.), Yavatmal (trial Court) granting interim injunction dt.16.8.2014 below Exh.5 in M.J.C. No. 40 of 2014. The interim order restrained creation of third party rights in disputed property mentioned in para 5 of the application and also restrained withdrawal of amount from the Savings Bank Account No. 01190005930 in the State Bank of India at Main branch, Yavatmal.

5. The facts in the background are stated thus :M. J.C No. 62 of 2008 was filed for grant of Probate/ Letter of Administration allowed on 2.4.2012. Pursuant to the order of issuance of the Letter of Administration allegedly obtained by fraud, name of Bharat Bajoria was deleted from the proceedings and allottees (wife and son of said Bharat Bajoria) of the L/A were likely to sell the disputed properties and withdraw the sums deposited in the Savings Bank account (supra).

4. Objections of the appellant herein is that :

i) The proceeding under Section 383 of the Indian Succession Act is not tenable.

ii) The Court had no jurisdiction to grant interim injunction