BHASKAR BHATTACHARYA, J. :- This first miscellaneous appeal is at the instance of the plaintiffs in a suit for declarations and permanent injunction and is directed against order dated 31st March, 2005 passed by the learned Judge, 5th Bench, City Civil Court at Calcutta in Title Suit No. 264 of 2004 thereby dismissing an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure filed by the present appellants and vacating the interim order earlier granted therein.

2. The present appellants filed the aforesaid suit for declarations, inter alia, that the defendants, their men, agents and servants had no right or authority to break and open the boundary wall which runs from the east to the west on the southern side of the premises Nos. 8/1 and 8/1/1 and northern side of the premises Nos. 8/1/2 and 8/1/3. Loudon Street, Calcutta-700 017 and that the private passage of premises Nos. 8/1/1 and 8/1/2 of Loudon Street is for the exclusive use of the plaintiffs and the occupiers of the premises No. 8/1/1, Loudon Street. The appellants further prayed for declaration that the respondents, their men, agents and servants were not entitled to use the said private passage a