( 1 ) THIS first miscellaneous appeal is at the instance of the defendant No. 1 in a suit for declaration and recovery of money and is directed against the order dated 30th September, 2004 passed by the learned Civil Judge, senior Division, 9th Court, Alipore in Title Suit no. 34 of 2003 thereby disposing of an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure filed by the respondent No. 1 by passing an order restraining the appellant from transferring or alienating schedule 'b' property.

( 2 ) THE respondent No. 1 filed a suit against the petitioner in the 4th Court of the learned Civil Judge, Senior Division, alipore being Title Suit No. 34 of 2003 thereby praying for declaration that the claim of the respondent No. 1 on account of refund of advance of Rs. 4,20,4,622/- is a secured claim and that the respondent No. I is entitled to be treated as a secured creditor of the present appellant and for recovery of a total sum of Rs. 5,27,62,236/- including interest and for permanent injunction restraining the present appellant from transferring, selling, alienating or encumbering the properties mentioned in schedule 'b' of the plaint.