No title could be claimed based on an unprobated will, and the court may grant an interim injunction to prevent irreparable loss and hardship.

R. SUBBIAH, J.

1. The present application has been filed by the applicants/plaintiffs to grant an order of ad-interim injunction restraining the respondents 13 to 16/defendants 13 to 16, their men, agents, servants or anybody claiming right either under or through them from in any manner altering or changing the character of item No. II of the suit schedule properties pending disposal of the suit in C.S. No. 610 of 2013.

2. For the sake of convenience, the parties will be referred to as per their ranking in the civil suit.

3. The plaintiffs have filed the suit in C.S. No. 610 of 2013 as against the defendants for a declaration, declaring that the partition deed dated 27.2.2002 registered as document No. 1326 of 2002 in the office of the Sub Registrar, Sembium, executed between the defendants 5 and 6 along with their brother S. Chandrasekaran, as null and void and for other incidental reliefs. Pending suit, the plaintiffs have filed the present application for interim injunction.

4. The case of the plaintiffs as could be seen in the affidavit in support of the application, in nutshell, is set out hereunder:-

(a) Before narrating the facts of the case, for easy understanding, the genealogy of the parties is given.

(b) Originally, all that piece and parcel of the property bearing Door No. 202, Papermills Road, Perambur, Chennai, comprised in T.S. No. 44/B2, Block No. 8 in Peravallur Village, Perambur-Purasaiwalkam Taluk, Chennai District measuring to an extent of 1 ground and 294 sq. ft. together with superstructure existing thereon described under Item No. I of the suit schedule property belonged to one M.P. Subramania Mudaliar and his wife S. Kanniammal. The said M.P. Subramania Mudaliar had four sons viz. S. Chandrasekaran, S. Shanmugam, S. Arumugam and S. Dhakshinamoorthy. The first defendant is the wife of S. Chandrasekaran and defendants 2, 3 and 4 are the daughter and sons of S. Chandrasekaran. The first plaintiff is the wife of S. Shanmugam and plaintiffs 2 and 3 are his sons. The other two brothers of S. Chandrasekaran and S. Shanbmugam are defendants 5 and 6. Defendants 7 to 12 are the grand children of M.P. Subramania Mudaliar and S. Kanniammal. The wife of M.P. Subramania Mudaliar predeceased him and S. Shanmugam, the second son of M.P. Subramania Mudaliar had also died on 1.9.1990.

(c) During his life time, M.P. Subramania Mudaliar purchased Item Nos. 1 and 2 of the suit schedule properties and he had been enjoying the suit schedule properties ever since the date of purchase along with his family members and he died on 28.12.1986 leaving behind his four sons. On the death of M.P. Subramania Mudaliar, the suit schedule properties devolved upon his four sons and each of them are entitled to 1/4th share over the same and they have been enjoying the properties as absolute owners with full right. But, during his life time, M.P. Subramania Mudaliar is alleged to have executed a will dated 24.12.1986, which was duly registered as document No. 94 of 1986 in the office of the Sub Registrar, Sembium. But, the alleged will that has been executed by the said M.P. Subramania Mudaliar, has not been given effect to by his legal heirs and the said will has not been proved in common form by way of probate proceedings on the file of this Court.

(d) While so, S. Shanmugam, the husband of the first plaintiff and father of plaintiffs 2 and 3 died intestate on 1.9.1990. On the death of S. Shanmugam, his 1/4th share over the suit properties held by him devolved on the plaintiffs and the plaintiffs are entitled to 1/12th share each in the suit properties.

(e) In this situation, on 22.8.2013, when the plaintiffs applied for Encumbrance Certificate in respect of the suit properties and they came to know that certain transactions have taken place in the form of partition, settlement and conveyance touching upon the entire suit schedule properties. Immediately, the plaintiffs applied for copies of the documents, which are reflected in th