( 1 ) THIS first miscellaneous appeal is at the instance of a defendant in a suit for declaration and permanent injunction and is directed against Order No. 17 dated June 1, 2004 passed by the learned judge, Second Bench, City Civil Court at Calcutta, in Title Suit No. 1150 of 2003 thereby disposing of an application under Order 39 Rules 1 and 2 of Code of Civil Procedure filed by the plaintiff by directing the parties to maintain status quo as on that day in respect of the suit property till the disposal of the suit.

( 2 ) THE respondent filed the aforesaid suit being Title Suit No. 1150 of 2003 thereby praying for declaration that the letter dated 19th May, 2003 issued by the appellant had no force in the eye of law and not binding on the parties and for permanent injunction restraining the appellant, his men and agents and servants from encumbering the premises No. 243n, Acharya Prafulla Chandra road, P. S. Burtolla and from parting with possession or inducting any person and also from entering into any agreement with any third party in respect of construction and development of the said premises.

( 3 ) IN connection with the aforesaid suit, the respo