C L Soni, J. - (1.) Arguments were heard for final disposal of the appeal with consent of learned advocates appearing for the parties.
(2.) The appeal is filed under Order XLIII of the Civil Procedure Code, 1908 ("the Code") by original defendant Nos.16, 17 and 18 of civil suit No.1378 of 2016 against the order dated 20.12.2017 passed by learned Chamber, City Civil Court, Ahmedabad below application Exh.7 with notice of motion Exh.6 in above referred suit.
(3.) The respondents no.1 to 3 are the original plaintiffs. The respondent no.1 is the husband of the respondent no.2 and father of the respondent no.3. Following prayers are made in paragraph no.34 of the plaint: "(A) May be pleased to declare Late SHRI KAILASHCHANDRA RAMKUMAR TIBREWALA to be an owner of suit property no.1 to 23 and also declare that plaintiff no. 1 has 1/4th or 1/5th share in the said suit property no.1 to 23 and further be pleased to declare the plaintiff no.1 to be an absolute owner of his share in suit property no.1 to 23. OR May be pleased to declare that plaintiff no.1 and defendant no.1 to 3 have equal share in the suit property no.1 to 23. (B) May be pleased to pass an order of partition of the suit property no. 1 to 23 and also pass an order of part with the exclusive possession of 1.4th or 1/5th portion of suit property no. 1 to 23 in favour of Plaintiff no.1. (C) May be pleased to direct the defendants to produce the resolutions, accounts abstracts and bank statements i.e. Profit & Loss, income tax returns, Charge, lien and documentary records, loan, Mortgage etc. of suit property no. 1 to 18 in this court. (D) May be pleased to appoint a Receiver to take over the charge of the suit property no. 1 to 18 for better and transparent administration of the business of suit property no.1 to 18 as well as to produce true and correct account and records of suit property no.1 to 18 before this Hon'ble Court. (E) May be pleased to direct the defendant no.16 to 19 to produce the account i.e. Profit & Loss, Charge, lien, loan, Mortgage, business transaction of purchase of raw material, equipments, machineries and sale of ready material including Chalan, Invoices, Bill of lading, "C" form, ledger, statement of banks account, expenses, each and every books of accounts and records etc. This Hon'ble Court may also be pleased to direct the defendant no.16 to 19 to produce agreement, permissions etc. regarding overseas business. (F) May be pleased to grant permanent injunction against the defendants from Selling, Transferring, Leasing, Licensing, mortgaging, Disposing, Dissolving or in any way dealing with the joint family business and properties and to restrain them to part with or alienate with the possession to any persons in suit property no.1 to 23. (G) May be pleased to pass an order of attachment before judgment of the suit property no. 1 to 18 property and direct the court receiver to take charge of the undivided family businesses, movable/immovable properties/assets. (H) May be pleased to appoint a Court Commissioner and direct him to prepare an inventory of all movable/immovable property and other valuable created from the joint family funds as per the schedule. (I) May be pleased to grant any other and further relief as may be deem fit and necessary in the interest of law, justice and equity." ;