Mookherjee, J.

The present appeal is directed against Order No. 47 dated 2.5.1994, passed by the learned Judge, 5th Bench, City Civil Court, Calcutta in Title suit No. 2459 of 1992. By the said Order, white disposing of an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure preferred on behalf of the plaintiff/respondent and an application under Order 39 Rule 4 of the Code of Civil procedure, preferred on behalf of the defendant/ appellant, the learned Trial Judge, inter alia, directed that the existing tarpaulin structure on the disputed roof be replaced by temporary tin roof structure over the existing RCC columns; water should be prevented from coming over to the disputed roof by sitting in-slop, over-hanging beyond the building parametre and the debris on the roof should be removed; the directed works should be carried out by the defendant with prior consultation with the plaintiff and under plaintiff's supervision, initially the costs being borne by the defendant. After admitting the appeal before this Court preferred by the defendant, this Division Bench, on 8th July, 1994, inter alia, directed appointment of a Civil Engineer, who was to consider th