BHATTACHARYA, J.

(1.) This First Miscellaneous Appeal is at the instance of the defendant No. 1 in a suit for declaration, injunction and recovery of damages and is directed against Order No. 23 dated 16th March, 2006 passed by the learned Civil Judge, Senior Division, 4th Court, Alipore, District - 24 Parganas (South), in Title Suit No. 19 of 2004, thereby allowing an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiffs for restraining the defendants from disposing of or encumbering the movable and immovable properties mentioned in schedule C of the plaint till the disposal of the suit.

(2.) Being dissatisfied, the defendant No. 1 has come up with the present appeal.

(3.) The respondent Nos. 1 and 2 as plaintiffs filed in the 4th Court of Civil Judge, Senior Division, Alipore, a suit being Title Suit No. 19 of 2004 thereby praying for the following relief:- a) "A preliminary decree for Rs. 20,00,000/-(Rupees Twenty lacs) only against the defendants for damaging the house property at premises No. 2, Dr. Rajendra Road described in Schedule A; b) Order appointing an Engineer Commissioner-cum-Valuer for ascertaining the extent of da