M/S Sunny Industries Private Ltd vs Collector Of Central Excise, Calcutta on 25 March, 2003
Thus, if the contents of the Will are found to be vague despite the
genuineness thereof, the grant of probate in favour of the 1st respondent may,
ultimately, be declined. It is in that view of the matter, the High Court must
be held to be not justified in passing interim orders in mandatory form in
terms of which not only the appeal preferred by the respondent Nos.2, 3, 5
and 6 herein would become infructuous, the parties would also be forced to
give effect to the provisions of the said Will, although, they may have
reservations in relation thereto. Grant of mandatory injunction on the afore-
mentioned premise, in our opinion, therefore, suffers from manifest error.
[See Union of India & Ors. vs. Modiluft Ltd. (2003) 6 SCC 65, Para 11
and Srikrishna & Ors. vs. Aniruddha Singh & Ors. (2005) 12 SCC 389.]
In any event, the order of the learned Additional District Judge would
merge in the order of the Appellate court which may ultimately be passed
and thus, it is necessary that before the stipulations made in the said Will are
directed to be given effect to, the contentions raised by the appellant, as also
the respondent Nos.2, 3, 5 and 6 should receive proper consideration by the
High Court.