1. By consent of the parties, let this matter be treated as on day's list as 'Motion'.

2. Heard the learned Advocates appearing on behalf of the parties.

3. This is an application under Article 227 of the Constitution of India primarily directed against an order, being Order No.3 dated 27th September, 2004, passed by the learned Civil Judge (Junior Division), 2nd Court at Asansol in Title Suit No. 177 of 2004.

4. The order impugned has been passed by the learned Court below in an application filed by the plaintiffs under Order 39 Rule 7 read with section 151 of the Code of Civil Procedure.

5. From the records it appears that the opposite party Nos. 1 and 2 herein, instituted a suit, being Title Suit No. 177 of 2004, before the learned Court below inter alia praying for the following reliefs:

a) For a decree of declaration that the plaintiffs are tenant under the defendants in respect of the suit premises in schedule below.

b) For a decree of mandatory injunction be passed in favour of the plaintiffs directing the defendants to open and remove their locks from the door of the suit premises and in default the plaintiffs may be permitted to break and remove the locks of the defendan