- (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 damages and the estimated cost for repairing the house property at premises No. 2, Dr. Rajendra road, for making it safe and secure. After ascertainment of cost, a Final Decree for damages on ascertained amount be passed on payment of additional Court Fees, if necessary ; c) Decree for declaration that the stock-in-trade of the foreign liquor shop in the trade name of M/s. M. L. Shaw and Company, run by the defendants at premises No. 15, Ashutosh Mukherjee Road, p. S. Bhowanipore, Kolkata -700 020 and the ancestral house of the defendants at premises No. 83, Dharmatola Street (Lenin sarani), P. S.- Taltola, Kolkata -700 013 as first charge towards satisfaction of the amount to be decreed in the suit ; d) Decree for permanent injunction restraining the defendants, their men and agents from selling out their stock-in-trade and the house property described in Schedule 'c' until the decretal amount is satisfied ; e) All costs of the suit ; f) Any other relief or reliefs to which the plaintiffs are entitled to in law and in equity. ";