B. Bhattacharya, J. - (1.) This appeal under Clause 15 of the Letters Patent is at the instance of the Plaintiffs and is directed against order dated 10th August, 2010 passed by a learned Single Judge of this Court by which His Lordship dismissed an application filed by the Appellants containing the following reliefs: a) A Receiver/Special Officer be appointed over and in respect of the said premises more fully described in annexure "I" and be directed to do the following: i) Forthwith make inventory of the said premises more fully described in annexure "I" above and submit a report as to the nature, character and user of the said premises; ii) Take actual physical possession of the entirety of the said premises and retain possession thereof until disposal of the suit; iii) Realise all moneys due and/or owing by way of transfer/development of the said premises; b) Injunction restraining the Respondents, their men, agents, servants, sub -ordinates and/or agents from dealing with, disposing of, transferring and/or in any manner creating any third party interest or changing the nature and character of the said premises more fully described in annexure "I" in any manner whatsoever; c) The Respondents be directed to render true and faithful accounts of all money received by and/or in the name of the Respondent No. 18, or otherwise through the development/sale of the said premises more fully described in annexure "I" and direction upon the concerned Respondents to deposit all such money received by them in this Hon'ble Court with the Receiver/Special Officer as may by directed by the Hon'ble Court; d) Ad -interim order in terms of prayers above; e) Such further and/or other order or orders be passed and/or direction or directions be given as to this Hon'ble Court may deem fit and proper.
(2.) Being dissatisfied, the Plaintiffs have come up with the present appeal.
(3.) The Appellants before us filed in the Original Side of this Court a suit being C.S. No. 450 of 1998 thereby praying for the following reliefs: (a) Declaration that all the assets and properties mentioned in Annexure "F" hereto are joint properties of the Plaintiffs and the Defendant Nos. 1 to 5; (b) Decree for adjudication and determination of shares of the Plaintiffs and the Defendants No. 1 to 5 in the said joint family properties and allotment accordingly; (c) Declaration that the businesses of the Defendants Nos. 6 to 39 and 54 to 59 are the business of the Joint Hindu Family and all the assets and properties of the said Defendants are that of the said Joint Hindu Family; (d) Declaration that the shares held by Defendant Nos. 1 to 39 and 54 to 59 in the Defendant Nos. 6 to 39 and 54 to 59 are the assets of the Himatsingka Joint Hindu family of which Late Bhagwati Prasad Himatsingka was the Karta; (e) Partition of the properties set out in Annexure "F" hereto and such other properties as may be found by this Hon'ble Court liable to be partitioned by metes and bounds in such manner whatsoever as to this Hon'ble Court may deem fit and proper and allotment thereof to the respective parties in accordance with their shares in severalty; (f) Discovery and enquiry and direction upon the Defendants No. 1 to 5 to disclose on oath all the dealings and transactions in respect of shares in the Defendant Nos. 6 to 39 and 54 to 59 on or after 9th April, 1997; (g) Transfer of shares held by the Defendant Nos. 1 to 39 and 54 to 59 in the Defendant Nos. 6 to 39 and 54 to 59 on or after 9th April 1997, be declared illegal, null and void and the Defendants be directed to deliver up all transfer deed so that the same may be adjudged void and be cancelled; (h) Perpetual injunction restraining the Defendants and each one of them from claiming any right, title or interest in the properties, immovable and movable belonging to the Joint Hindu Family except all members of the said joint Hindu Family now disrupted in accordance with their respective shares as this Hon'ble Court may deem fit and proper; (i) Perpetual injunction restraining the Defendants and each one of them from alienating or transferring any of the assets of the said Joint Hindu Family or any part thereof or removing any of the books, documents and/or any other papers of the said joint Hindu Family and its assets including books, records and documents of the Defendant companies; (j) Transfer of the shares of the Plaintiff in M/s. Shree Cooperative Housing Society Ltd., be declared illegal, null and void and documents in this regard be cancelled; (k) Declaration that the Plaintiff No. 1 & 4 are the owners of 2 (two) and 3 (three) shares respectively in M/s. Shree Cooperative Housing Society Limited as mentioned in paragraph 47(ix) hereinabove; (l) Rectification of the Register of Members and other records of the Defendant No. 51 for the purpose of recording the Plaintiff No. 1 & 4 as members of the Defendant No. 51 having 2(two) and 3(three) shares respectively and for deleting the transfer of the said shares to the Defendant Nos. 1 & 3; (m) The Defendants be directed to deliver up all documents of transfer of shares in Shree Cooperative Housing Society Limited so that the same may be adjudged void and may be cancelled and shares be returned to the Plaintiffs; (n) perpetual injunction restraining the Defendant No. 1 or any other Defendant from surrendering or encumbering or in any manner dealing with the tenancy right in respect of room No. 92, on the fourth floor of premises No. 6, Old Post Office Street, Calcutta -700001; (o) A scheme be framed control and management of the public trusts referred to in paragraph 39 herein as per the respective shares of the parties herein so determined; (p) Receiver; (q) Injunction; (r) Costs; (s) Such further or other reliefs as the Honourable Court may deem fit and proper;;