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That the plaintiff and the defendant no. 1 are real brothers and the defendant no.2 is the wife of the defendant no. 1. That the property bearing no. WZ­78, Beriwala Bagh, Hari Nagar, New Delhi was owned by father of the plaintiff namely Sh. Shyam Gopal which was partitioned between the parties including the plaintiff and the defendants. The joint family settlement dated 21.09.2006 was executed between all the parties in the court of Sh. Vinay Singhal, SCJ, Delhi. As per the settlement, portion shown red colour in the site plan attached was declared common passage which goes through the plots/ houses of the plaintiff and defendant no. 1. At present the common passage shown red colour in site plan is the only passage which goes through the plots/ houses of the plaintiff and defendant no. 1. At present the common passage shown red colour Anurag Gopal vs. Ashish Gopal & Ors. 1/11 in site plan is the only passage leading to the house of the plaintiff. The said common passage was also shown as common passage in the site plan which is part of the family settlement. That the defendants are having an evil design on the common passage leading from the main gate to the house of the plaintiff. The defendants have already encroached upon part of the common passage and have constructed part of their house on the said common passage. Now the defendants are bent upon to encroach upon the entire common passage in front of their plot/ house and use the same for their personal use only. That with the said object the defendants are picking up quarrels with the plaintiff and are threatening him to close the main gate so that plaintiff may not use the common passage for coming and going to his house.