( 1 ) THIS first miscellaneous appeal is at the instance of defendants in a suit for declaration and permanent injunction and is directed against order dated March 14, 2005 passed by the learned Judge. 11th Bench, City Civil Court at Calcutta in Title Suit No. 253 of 2005 thereby disposing of three applications, one under Order 39 Rules 1 and 2 read with section 151 of the Code for prohibitory injunction filed by the plaintiff, the second one, also filed by the plaintiff, under section 151 of the Code of Civil procedure praying for mandatory order of injunction and the last one, under order 39 Rule 4 of the Code of Civil Procedure filed by the present appellants.

( 2 ) THE plaintiff/respondent filed the aforesaid suit being Title Suit No. 253 of 2005 in the City Civil Court at Calcutta thereby praying for the following relief: (i) Decree thereby declaring that the defendants have no right to change the position and frequency of the channel of the plaintiff i. e. "atn kolkata being transmitted by the defendants in terms of the agreement dated November 5, 2002 from S-2 Band to any other Band; (ii) Decree thereby declaring that the defendants their men and/o