JUDGMENT :

Harish Tandon, J.

1. There has been a slew of litigations between the parties to the present suit or their predecessors in relation to the properties being the subject matter of the instant suit claiming undivided right, title and interest therein and/or on the strength of the probate granted to the Will of the original owner namely Bidhubhusan Samanta.

2. The instant appeal arises from an order disposing of an application for temporary injunction holding that the plaintiff/respondent have made out a prima facie case and the balance of convenience and inconvenience lies in their favour and in the event the injunction is not granted they would suffer irreparable loss and injury.

3. The salient facts involved in the instant appeal are required to be adumbrated before we embark upon the legality and/or infirmity of the impugned order passed by the Trial Court. Admittedly, Bidhubhusan Samanta was the owner of the property described in the plaint of the instant proceeding and made and published his last Will on 11.10.1958 and got the same duly registered with the sub-Registry Office. By virtue of the said Will, the said testator, the Bidhubhusan Samanta, bequeathed his 1/4th shar