Ghosh and Lalit Mohan Ghosh by way of registered Kabuliyat dated 23.04.1940, which was bilaterally executed by the petitioners predecessor Indu Bala Dassi and the said erstwhile landlords. After the death of Indu Bala Dassi, his only son Sourendra Nath Ghosh and upon his death his wife and his son and daughters owned and seized the suit property. Plaintiffs/petitioners alleged, Recently there has been some illegal and/or mala fide attempt at the instance of the employee of the defendant, on 12.04.2016, resorted to exercise all sorts of illegal and forcible endeavor to make out and/or crave out as alleged passage through or across the said residential house property of the plaintiff with the aid of defendant nos. 4 to 9. Further allegation is that the defendant no. 1 had totally blocked the eastern mouth of an adjacent land by erecting a pucca wall to create camouflaged evidence as to alleged non-existence of any passage for the purpose of doing egress and ingress from the respective house of defendant nos. 4 to 9, knowing exclusive ownership of the plaintiffs in respect of concerned property. It is also alleged that the defendant no. 4 forcibly and illegally has taken electricity connection under ground of the plaintiff’s southern portion of the property with the connivance of CESC Limited. The defendant no. 4 filed a writ petition before this Court being WP No. 19293 (W) of 2009 against the plaintiffs and Bally Municipality for water connection in his premises through the alleged common passage, but after hearing the writ petition High Court was pleased to pass an order for water connection subject to the result of the civil suit pending between the parties. Petitioners accordingly
