In The Goods Of : Anirudh Chamria (Dec) Vs

This is an application by the Executor to the last Will and testimony of one late Mr. Anirudh Chamria who left behind a Will dated 14th December,

2019. The probate proceeding in relation to the said Will being PLA/88/2001 is presently pending in this Court.

Learned counsel appearing for the Executor who also happens to he a cousin of Anurudh Chamria, deceased, prays for urgent orders in view of

certain facts which are relevant to this application.

Counsel submits that the deceased had several properties both at Kolkata and in Mussoorie, Uttarakhand, by reason of which the probate proceedings

had been filed in this Court. Counsel places a sale deed in relation to a property situated at Uttarakhand and names one Sri Neeraj Khanna as the

vendor. The sale deed further shows that the vendor i.e., Neeraj Khanna has relied on a Will dated 14th March, 2018 which was registered at

Dehradun by reason of which Neeraj Khanna became the exclusive and true owner of Radha Bhawan Estate, Mussoorie. Counsel further submits

that the said Neeraj Khanna has also been named in an application filed by a tenant of the Radha Bhawan Estate in a Dehradun Court contains

averments that Neeraj Khanna has expressed interest in the proceedings taken out by the tenant and further that Neeraj Khanna is not relied to the

deceased. The application also states that the earlier Will which is being relied upon by Neeraj Khanna dated 14th March, 2018 is surrounded by

suspicious circumstances.

Upon hearing learned counsel, this Court is of the view that the correctness or the circumstances under which the said Neeraj Khanna is claiming

under a different Will can be gone into at a later stage of the proceedings. The admitted position as of today is that there is a pending probate

proceeding which has been filed by the applicant who is the Executor of a later Will dated 14th December, 2019.

Significantly, the said Will revokes all earlier Wills and testaments and appoints the applicant as the executor. The Will dated 14th December, 2019

further states that the earlier Will dated 14th March, 2018 has been executed under the undue influence of Shri Neeraj Khanna. These are the facts

which are before the Court today. The fact that a probate Court has inherent powers to pass an order of injunction for the protection and preservation

of the properties which are the subject matter of a pending probate proceeding has been held in Priyamvada Devi Birla, Rajendra vs. Laxmi Devi

Newar and Anr. : 2005 (4) CHN 544.

By reason of the above, this Court is of the view that there should be an interim measure of protection for preserving the properties which form the

subject matter of the Will in PLA/88/2021. There shall accordingly be an injunction restraining Mr. Neeraj Khanna from selling, dealing with or

alienating the Mussoorie and Salt Lake properties of the deceased. There shall also be an order in terms of prayer (a) of the application. Let special

citation be issued to Mr. Neeraj Khanna at the address mentioned in the application by speed post with acknowledgment due and be made returnable

within two weeks from date.

Let this application be listed after three weeks. The order of injunction shall remain operative for a period of five weeks from date.