- (1.) The petitioners before this Court are the plaintiffs in Title Suit No. 12 of 2007 pending in the Court of the Civil Judge (Junior Division), Second Court, Arambagh. The suit is for declaration of title in respect of a passage between the plaintiffs' property and the defendants' property and for injunction. Plot no. 918 admittedly belongs to the plaintiffs and the Plot No. 919 admittedly belongs to the defendants. The plaintiffs claimed that the defendants are wrongfully interfering with the possession of the plaintiffs in respect of 4 ft. broad and 35 ft. long passage between the two plots.
(2.) In the above suit, the defendants filed an application claiming right of way in respect of the said passage. The defendants alleged that the plaintiffs have blocked the said passage by putting up an iron gate and have thereby denied the defendants' access to their property which can be had only through the common passage.
(3.) The learned Trial Court appointed an Advocate Commissioner for local inspection who submitted his report dated 26th June, 2007. Having considered the facts and circumstances of the case by a detailed reasoned order the learned Trial Judge by an order dated 6th August, 2007 directed the plaintiffs to remove all the obstructions over the disputed passage to make the passage accessible to the parties to the suit and thereafter to maintain status quo with regard to the suit property till disposal of the suit.;