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2019 Supreme(Del) 586

SANJEEV NARULA
Ajay Malhotra – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Rajat Aneja, Adv., Sambit Nanda, Adv., Varun Kumar Tikmani, Adv., Ashok Chhabra, Adv., Ankita Gandhi, Adv.

JUDGMENT :

SANJEEV NARULA, J.

I.A. 9509/2018 (under Order 39 Rule 1 and 2 CPC)

1. This is an application under Order 39 Rule 1&2 r/w Section 151 Code of Civil Procedure, 1908 (hereinafter, "CPC") filed in a probate petition seeking probate of Will dated 26th October 2017. The Petitioner is son of the deceased-Late Sh. Gian Chand. Respondent no. 2 is widow of the deceased Testator (mother of Petitioner and Respondent no. 3) and Respondent no. 3 is the daughter of the deceased. The Petitioner is seeking interim injunction against Respondent no. 2 (Smt. Devi Kumari) and Respondent no. 3 (Smt. Shalu Kareer) restraining them from selling, alienating, transferring or creating any third party rights or interest in respect of any of the immovable properties bequeathed in favour of the Petitioner under the document dated 26th October 2017 purporting to be the Will and Testament of the deceased Testator (hereinafter referred to as the "document dated 26th October 2017"). Prayer is also made to restrain the Respondents from receiving any payment in respect of Fixed Deposit Receipts (FDRs) and other movable assets lying with various banks and other institutions, left behind by the deceased testat















































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