Rakesh Kumar Jain, J.

1. The plaintiff is in second appeal against the judgment and decree of the Courts below by which his suit for declaration and permanent injunction has been dismissed.

2. The case set up by the plaintiff is that the plaintiff and defendant No.4 constitute a Joint Hindu Family and property in dispute is ancestral. Defendant No.4 executed a registered release deed No.1309 dated 11,09.2002 in favour of the plaintiff on the basis of which mutation No.652 was entered but the same was not sanctioned in view of Rapat No.24 dated 18.09.2002 because the said land was attached in favour of defendant No.1. In the suit, he has thus challenged the validity of attachment and Rapat No.24 dated 18.09.2002. It is also alleged that defendant Nos.1 to 3, who are bent upon to auction the suit land on the basis of Rapat No.24 dated 18.09.2002, be restrained from doing so

3. On notice, defendant Nos.l to 3 filed their joint written statement, whereas defendant No.4 filed his written statement separately. The stand taken by defendant Nos.l to 3 is that defendant No.4 was the Chairman/President of the Tosham Cooperative House Building Society Limited, Tosham. He had embezzled