BHASKAR BHATTACHARYA, J. :- This first miscellaneous appeal is at the instance of a plaintiff in il suit for declaration of title, permanent injunction, mesne profit and is directed against Order No.5 dated 18th November, 2008, passed by the learned trial Judge thereby dismissing an application for temporary injunction filed by the appellant.

2. Being dissatisfied, the plaintiff has come up with the present first miscellaneous appeal.

3. The appellant before us filed in the Fourth Court of Civil Judge, Senior Division, Alipore, a suit being Title Suit No. 2541 of 2008 thereby praying for the following relief:

"a) A declaration that the plaintiff is the owner of the said flat, more fully and particularly described, in the Annexure-"A" to the plaint entitled to the quite, exclusive and vacant possession of the same to the exclusion of all others including the defendants and each of them;

b) A decree against the defendants and each of them including the defendant No.3 directing the eviction of each of them from the said flat more fully and particularly described in the Annexure-"A" to the plaint;

c) A decree against the defendants and each of them for recovery of quiet, vacant, pea