( 1 ) THIS appeal will be heard. No notice need be issued. Records need not be called for. In Re: CAN 5872 of 2003 when the application for interim order was taken up, Mr. Chatterjee, the learned Counsel for the respondents, appears and opposes the grant of interim order. Both Mr. Bhattacharya, the learned Counsel appearing for the appellants and Mr. Chatterjee, appearing for the respondents had made their respective submission on the application. Virtually both have addressed the Court on the merits of the appeal itself. Therefore, by consent of the parties, the appeal is treated as on day's list for hearing and is taken up for hearing and is disposed of as under.

( 2 ) IT appears that 'a' Schedule property was purchased by the plaintiff Nos. 1 and 2 and the defendant No. 1 sometimes in December 2002. In the plaint, the date of purchase has not been mentioned. In paragraphs 4, 5, 6, 7, 8 and 9, the following statements have been made :"4. That the property described in Schedule-A originally belonged to Surya narayan Mukherjee who transferred the property described in Schedule A in favour of the plaintiff No. 1 Smita Bhattacharyya, the plaintiff No. 2 rina Paul and