- (1.) The Court: The challenge is made to several orders including order no. 19 dated 19th February, 2015 passed by the learned Civil Judge (Junior Division), 1st Court, Sealdah in Title Suit No. 116 of 2012, by which an application under Order XXVI Rule 9 of the Code of Civil Procedure for appointment of the Survey Passed Commissioner for relay and survey of the plot of lands belonging to the respective parties is allowed.
(2.) The plaintiff/opposite party filed a suit for declaration that the defendants have no right to fix any iron gate in the mouth of a common passage and to create any disturbances in free access and user thereof with further prayer for permanent and mandatory injunction on the above terms.
(3.) The plaint case proceeds that the plaintiff/opposite party is the owner of the premises no. 33, Radha Madhab Dutta Garden Lane, P.S. Beliaghata, Kolkata 700 010 consisting of four (4) cottahs of land together with four storied structure erected thereupon having acquired from the admitted owner. It is further alleged in the plaint that there is a fourteen (14) feet common passage surrounding in the south and east side of the premises belonging to the plaintiff, which is on north-west side of the defendants' premises and is tried to be encroached upon by fixing a pillar with an intention to affix a gate so that the free access through the said passage can be denied to the plaintiff. In the written statement it has been stated that one Panchu Lal Sapui by virtue of a deed of partition was allotted an area of two bighas five cottahs five chittacks and ten square feet of land comprising a larger premises no. 14/15, Radha Madhab Dutta Garden Lane, Kolkata 700 010. Out of the said allotted portion, he sold a portion thereof to different persons and ultimately the defendants became the owner on the strength of the sale deed. The plaintiff also traced her title through the said common owner in respect of the remaining portion of the said larger allotted portion.;