PRIYAMVADA DEVI BIRLA RAJENDRA SINGH LODHA Vs. LAXMI DEVI NEWAR
LAWS(CAL)-2005-3-32
HIGH COURT OF CALCUTTA
Decided on March 23,2005

PRIYAMVADA DEVI BIRLA, RAJENDRA SINGH LODHA Appellant
VERSUS
LAXMI DEVI NEWAR Respondents

JUDGEMENT

- (1.) First three mentioned applications have been taken out by one Smt. Laxmi Devi Newar, one Smt. Radha Devi Mohta defendant No. 1 herein, defendant No. 2 herein and, jointly by four persons viz. one K. K. Birla, Basant Kr. Birla, Ganga Prasad Birla, Y. B. Birla, for identical interlocutory reliefs viz. for appointment of Administrator and/or a committee headed by an independent and impartial Administrator be appointed in and over the estate left by the said Priyamvada Devi Birla, since deceased (hereinafter referred to as the said deceased) and also order of injunction restraining the propounder/plaintiff from dealing with disposing of any of the assets or properties of the deceased and/or exercising any right and control of the companies. The two ladies above being the defendants in the suit are the sisters-in-law of the said deceased (husband's sisters) and they have been contesting the grant of probate in relation to the will said to be the last one of the said deceased ; while the above mentioned four persons viz. the Birlas have lodged their caveats intending to oppose the grant but they have not been made parties defendant as yet. Their caveats are sought to be discharged on the ground that the aforesaid persons have no interest in the estate of the said deceased. All these three applications contain identical prayers even in word by word.
(2.) The last three applications have been taken out by the plaintiff R.S. Lodha for dismissal of all the three respective applications for interlocutory reliefs, in limine and with costs and/or stay of all further proceedings in connection with the aforesaid all the three applications.
(3.) All the aforesaid six applications were moved for obtaining ad interim relief as prayed for in the respect applications.;


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