N RAMAIAH Vs. NAGARAJ S

JUDGEMENT

(1.) FEELING aggrieved by the rejection of his application for impleading (I. A. VIII) in Probate C. P. No. 8/ 1998 pending on the file of this Court, the appellant has filed this appeal.

(2.) THE Appellant (N. Ramaiah) is the brother of one Anjanamma. The said Anjanamma was the widow, and the respondent herein (S. Nagaraj) is the nephew (brother's son), of one Muni Narayanappa. The respondent herein (S. Nagaraj) filed Probate C. P. No. 8/1998 for grant of letters of administration in regard to a Will dated 11-1-1998 said to have been executed by the Muni Narayanappa. The said Will was contested by Anjanamma, widow of Muni Narayanappa, inter alia on the grounds that the said Will was a got up document, and that she had succeeded to the properties of Muni Narayanappa as his sole legal heir.

(3.) IN the said proceedings, the said S. Nagaraj filed I. A. I. on 16-3-1998 seeking a temporary injunction to restrain Anjanamma from alienating/encumbering the properties, or withdrawing the amounts from the Banks, mentioned in the schedule therein on the ground that the said properties were bequeathed to him under the Will dated 11-1-1998 by Muni Narayanappa. Item A of the schedule to the said application (IA1) is land and building in Khata No. 280/6-4b, Hennur, Bangalore with the running business of Cauvery Service Station. Item B in the Schedule was the house, in the occupation of Anjanamma arid the Building in the Occupation of Sitaram Agencies. Item C related to Bank Balances/deposits. The learned single Judge made an order on the said application on 18-6-1998 directing the Respondent therein (Anjanamma) to maintain status quo in regard to the properties until further orders.