( 1 ) ALL these three first miscellaneous appeals were taken up together as these are preferred against the self-same order being order dated 6th April, 2005 passed by the learned Civil Judge, Senior Division, 9th Court, Alipore in Title Suit No. 3 of 2005 thereby disposing of an application under Order 39 Rules 1 and 3 of the Code of Civil Procedure filed by the plaintiff by directing the parties to maintain status quo over the suit property with a finding that the plaintiff is in possession of the same and that the defendant no. 2 failed to prove that he was in possession of the property in his personal capacity.

( 2 ) F. M. A. T. No. 1335 of 2005 has been filed by defendant No. 2, F. M. A. T. No. 1345 of 2005 has been preferred by defendant No. 1 and the plaintiff has come up with a separate appeal being F. M. A. T. No. 1335 of 2005 against the said order.

( 3 ) THE plaintiff filed a suit in the 9th Court of Civil Judge, Senior Division, alipore being Title Suit No. 3 of 2005 thereby praying for declaration that the plaintiff was a tenant under defendant No. 1 in respect of the suit property and for permanent injunction restraining the defendant Nos.