Sh. Baldev Raj vs Sh. Man Mohan & Others on 25 May, 2001
5. The learned senior counsel for the appellants further sought to advance the proposition that the suit being one for partition, an injunction must ensure for the benefit of the appellants so that the property is protected and no third party rights are created. Learned counsel relied on the case of Ratanlal Sahdev vs. Krishan Kumar 1993 Rajdhani Law Reporter (Note) 19 to advance his submission that the disposal of the property, in the absence of the interim injunction order is likely to complicate the matters. He further argued that since the alleged Will was in dispute, the appropriate forum to determine the validity of the Will was the Probate Court and not the present suit.