(1.) This first appeal is at the instance of the plaintiffs in a suit for declaration and permanent injunction and is directed against the judgment and decree dated 31st May, 2004 passed by the learned Judge, 3rd Bench, City Civil Court at Calcutta in Title Suit No. 2369 of 1997 thereby dismissing the said suit.
(2.) The plaintiffs filed the aforesaid suit for declaration that they are joint lawful owners to the extent of 5/6th share (having 1/6th undivided share each) of the total shares and securities left by one Swarup Bikash Sett, the predecessor-in-interest of the defendants and for further declaration that the defendants had no right to have those shares or securities as absolute owners thereof on the strength of the extended succession certificate granted in Act 39 in Case No. 234 of 1995 arising out of Act 39 in Case No.227 of 1975.
(3.) The plaintiffs further prayed for permanent injunction restraining the defendant Nos.1 and 2, their men and agent from giving effect to or further effect to or from acting upon the extended succession certificate issued in Act 39 in Case No. 245 of 1995.