Nirmaljit Kaur, J. - (1.) THIS is an application for seeking clarification of the order dated 11.06.1993 passed by Single Bench of this Court in S.B. Civil Misc. Appeal No. 84/1986. The clarification sought are as under: - - (a) Clarify that the true and correct purport of the order dated 11.06.1993 passed by this Hon'ble Court in S.B. Civil Misc. Appeal No. 84 of 1986 is that the appellant, in any capacity whatsoever, in which he is in possession/management/control of the suit properties cannot, either by himself or through his agents, servants or officers, either directly or indirectly, dispose of or cause to dispose of and/or alienate or otherwise deal with the suit properties till the decision of the suit; (b) Further clarify that the appellate Court cannot create or indirectly cause creation of any third party interest in the suit properties (in his possession/management/control) and that he is duty bound to prevent the disposing of and/or alienation of or otherwise dealing with the suit properties by his agents, servants or officers; and (c) Pass ad -interim ex -parte order directing the appellant, his agents, servants and officers not to alienate and/or to prevent from alienation the said properties, being Jag Mandir, Fateh Prakash Palace, Garden Hotel and Shiv Niwas Palace, to IHC -Taj Group during the pendency of this application. The brief facts of the case are that on 18.04.1948, the erstwhile Ruler of Mewar -Maharana Bhopal Singh signed the Instrument of Accession with the Government of India, pursuant whereto, the erstwhile State of Mewar merged in the then United States of Rajasthan. Thereafter, pursuant to the Covenant of Merger, Maharana Bhopal Singh forwarded a list of the properties to be retained by him as his personal and private properties, which was approved by the Ministry of States, Government of India, vide its letter dated 29.09.1950. On 04.07.1955, Maharana Bhopal Singh expired and Maharana Bhagwat Singh succeeded to the throne of Mewar. Vide letter dated 02.08.1955, the President of India recognized Maharana Bhagwat Singh as the Ruler of the former State of Mewar as per Clause 22 of Article 366 of the Constitution. Maharana Bhagwat Singh incorporated the Lake Shore Palace Hotel Pvt. Ltd. (for short "LSPH") on 27.05.1972 and thereafter, incorporated the Lake Palace Hotels & Motels Pvt. Ltd. (for short "LPHM") on 02.03.1963 as family concerns/companies under the provisions of the Companies Act, 1956. The registered offices of LSPH & LPHM are situated at City Palace, Udaipur, Rajasthan. LSPH is the holding company of LPHM. LSPH owns and/or holds 49.5% shares of LPHM. The main assets of LSPH are the assets of LPHM, which primarily owns heritage properties of historical importance. On 22.04.1983, partition suit along with application for Temporary Injunction was filed by the plaintiff -Shri Mahendra Singh before the Court of District Judge, Udaipur against following defendants: 1. Maharana Bhagwat Singh (father) 2.SMT Sushila Kumari (mother) Rajmata Virad Kunwar (grand mother) 3.SHRI Arvind Singh Mewar (brother) (personal capacity)
(2.) Thereafter, on 08.05.1984, the plaintiff filed an application under Order 1 Rule 10 of the C.P.C. for impleadment of defendants No. 5 to 12 including the companies LPHM and LSPH, in the suit. The said application was allowed on 12.10.1984. Maharana Bhagwat Singh died on 03.11.1984. He had three children, namely, Shri Mahendra Singh, Smt. Yogeshwari Kumari and Shri Arvind Singh. He left behind his Will dated 15.05.1984. Under the Will, Shri Arvind Singh and one Shri A. Subramaniyam were appointed as Executor of the Will. The High Court granted probate of the Will vide order dated 13.11.1987. The appeal was filed against the order granting probate, which was dismissed by the Division Bench of this Court on 12.05.1993. The SLP, too, was dismissed by Hon'ble the Supreme Court on 09.05.1994. Meanwhile, Rajmata Virad Kunwar also died on 03.12.1984. The trial Court decided applications for taking LRs of late Maharana Bhagwat Singh and Rajmata Virad Kunwar on 23.03.1985. The following parties were finally impleaded as defendants: - - 1. LRs of Maharana Bhagwat Singh 1/1 Shri Arvind Singh 1/2 Shri A. Subramaniam 2. Sushila Kumari 3. LRs of Rajmata Virad Kunwar 3/1 Shri Mahendra Singh 3/2 Shri Arvind Singh 3/3 Yogeshwari Kumari 4. Shri Arvind Singh
(3.) The applications for temporary injunction were decided by the trial Court vide order dated 02.12.1985. The relevant portion of the said order reads as under: - - Shri Arvind Singhji shall render true and correct account of the suit -properties (immovable) which are in his possession/management/control duly audited by a Chartered Accountant. These accounts must be submitted after every year and the account of the above immovable properties from the date of the institution of the application i.e. from 22.4.1983 be submitted in the Court as per the above order within 3 months from today. Thereafter he will continue to submit the above accounts every year. Defendant No. 1 - servants are further restrained from disposing of and/or alienating or otherwise dealing with the suit property till the decision of the suit.;