B.K. Sharma, J.

1. This appeal is directed against the judgment dated 24.5.2006 passed by the learned Additional District Judge (Court No. 2), West Tripura, Agartala in the Title Suit being T.S. (Probate) No. 01/1999 refusing to grant the Probate/Letters of Administration to the appellants in respect of the WILL in question.

PROCEEDING BEFORE THE TRIAL COURT

2. The appellant No. 1 filed the petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of the WILL dated 6.8.1997 executed by Late Bhupen Chandra Dutta Bhowmik. The petition was filed on 17.12.1997 and was registered and numbered as Case No. Misc. (Probate) 06/1997, later on renumbered as TS (Probate) 01/1999. On refusal of the executor named in the WILL to act as such and making it known by appearing before the Trial Court on 9.3.1999, the Trial Court by order dated 9.3.1999 allowed amendment of the petition so as to substitute the word "Probate" to that of "Letters of Administration" and accordingly the petition was treated to be a petition for grant of Letters of Administration in respect of the said WILL.

3. The appellants No. 2 and 3 got themselves impleaded in the proceeding as petitioner and intervener respectively, they having had interest in the matter as the legatees of the WILL. The prayer for grant of Letters of Administration in respect of the aforesaid WILL has been rejected by the impugned judgment dated 24.5.2006 and being aggrieved, the petitioners have filed this appeal for reversal of the said judgment. The appeal was admitted by order dated 27.5.2006 and the records were called for. Alongwith the appeal the appellants filed the miscellaneous application being CM Application No. 186(RFA)/2006 for stay of the operation of the impugned judgment dated 24.5.2006. While issuing notice on the prayer for stay by order dated 27.5.2006 the judgment was stayed. However, upon appearance of the respondents in the proceeding, the interim prayer was rejected by order dated 30.6.2006 observing that such rejection shall not effect the merits of the appeal.

4. With the rejection of the interim prayer, the appellant No. 3 namely "Bhupendra Chandra Dutta Bhwomik Trust" named in the WILL to manage the affairs of the newspaper "Dainik Sambad" and which in fact had been managing the affairs of the newspaper after the death of the testator, was dispossessed by the respondents on 1.7.2006 i.e. immediately after the aforesaid order dated 30.6.2006 refusing the prayer to stay the impugned judgment of the Trial Court.

APEX COURT'S DIRECTIVES

5. The appellants herein, being aggrieved by the order so passed on 30.6.2006 in the aforesaid CM Application No. 186/2006 in the present appeal had approached the Apex Court by filing the petition for Special Leave to Appeal (Civil) No. 10999/2006. The Apex Court by its order dated 17.7.2006 while refusing to interfere with the interim order dated 30.6.2006, provided that the respondents while managing the affairs of the newspaper shall not incur any capital expenditure of a sum exceeding Rs. 50,000/- without the permission of the High Court. The respondents have also been restrained from selling, encumbering or transferring any fixed assets, moveable or immovable of the newspaper. The Apex Court also expressed the desire for early disposal of this appeal preferably within three months. This is how the appeal has been heard expeditiously as possible and is being disposed of by this judgment and order.

BASIC FACTS

6. The testator of the WILL, Late Bhupendra Chandra Dutta Bhowmik @ Bhupen Dutta Bhowmik was the editor and sole proprietor of the newspaper Dainik Sambad and Imprint. On 22.7.1997, he left for Bombay from Agartala via Calcutta by Air to attend a meeting there. He fell ill on way before reaching Calcutta and accordingly did not undertake any further journey and got down at Calcutta. He got himself admitted in the Hospital namely Peerless Hospital and remained there as an indoor patient from 22.7.1997 to 26