ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in these appeals is to the order passed by a division Bench of the Calcutta High Court allowing the appeal filed by the respondent-Manick Lal Shaw. The appeal was filed by the respondent who was the defendant in the suit for declaration of title and permanent injunction. The same was directed against the order dated 4th December, 2004 passed by learned Judge, 10th BENCH, City Civil Court at Calcutta in title Suit No. 815 of 2000 thereby rejecting the application under Order 39 Rule 4 of the Code of Civil Procedure, 1908 (in short the 'cpc') filed by the defendant and allowing the application under Order 39 Rules 1 and 2 filed by the plaintiffs.

( 3 ) DURING the pendency of the suit, application in terms of order 39 Rules 1 and 2 CPC was filed praying for an order of injunction and restraining the defendant from interfering with the possession of the plaintiff in the suit property and from taking forcible possession by breaking open the padlock in the suit property. On such application, learned trial Judge granted ad interim order of status quo. Against such order the defendant filed an appeal before the High Court which was