( 1 ) THIS first miscellaneous appeal is at the instance of plaintiff in a suit for declaration and injunction and is directed against Order No. 3 dated 23rd April, 2004 passed by the learned Judge-in-charge, 7th Bench, City Civil Court at Calcutta, in Title Suit No. 461 of 2004 thereby refusing the prayer of ad interim injunction on an application under order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the appellant. By the said order, the learned Trial Judge merely issued notice upon defendants to show-cause why the prayer of the plaintiff for temporary injunction should not be granted.

( 2 ) THE appellant filed in the City Civil Court at Calcutta the aforesaid suit being Title Suit No. 461 of 2004 thereby praying for the following relief: (a) Declaration that the defendants has got no right to deny the right of the plaintiff as a tenant in respect of the tenanted premises and/or in respect of the equivalent space to be constructed in the building at the premises aforesaid; (b) Permanent injunction restraining the defendants from demolition and/ or destruction and/or changing the nature of the building, and/or the tenanted premises; (c) Per