JOYDEB CHANDRA DEY Vs. SUKUMAR CHANDRA DEY

JUDGEMENT

(1.) This Letters Patent appeal is at the instance of the plaintiffs in a suit for declaration, permanent injunction and mandatory injunction and is directed against the judgment and decree dated 8th March, 2002, passed by a learned Single Judge thereby passing a decree in terms of prayer (a) of an application filed by the defendant Nos. 1 and 2 by accepting the report given by a valuer appointed in the proceedings.

(2.) The plaintiffs, six in number, filed a suit being Suit No. 302 of 1997 before the Original Side of this Court against seven different defendants thereby praying for the following relief:

(3.) It appears from record that in the suit, no written statement was filed by either of the defendants but on the basis of interlocutory applications, joint- receivers were appointed over the suit-property and in course of interlocutory proceedings, several applications were filed including one for appointment of a valuer for assessing the valuation of the subject-matter of the dispute. The valuer appointed by the Court gave a report and an appeal was preferred against such report of the valuer but the said appeal was dismissed and the valuation- report given by the valuer was accepted by the Appellate Court.