between the
two shares and the plot continued as a single common plot.
10. Learned counsel appearing for the petitioner pointed
out that the petitioner
plots
were earmarked for construction of independent villas alone and
the 38th plot for construction of multi storied flats. For
convenience of the plots/flat ... from the main road
having 7 meter width and common infrastructures were
provided. 37 plots were sold to various purchasers who were
given only
purchase certificate of
the year, 1976. Advocate Commissioner also stated that plot-A marked in
Ext.C4 (suit property ... lies contiguous with a common
boundary. Advocate Commissioner has marked a plot towards north-western
portion of plot-A (suit property) since one Karthyayani Amma
compact plot. In fact it is in two blocks as per the Will. The
attempt of the plaintiff is to enclose the common pathway provided ... common
pathway as per the Will.
5. The trial court found that the plaint A schedule is described as if it is
a compact plot
plots-P and P1 to P5.
The disputed property (plaint B schedule) is plot-P5 situated towards south-
western portion of the entire property ... that plots-P1 and P2 are included in the 8 Acres
covered by Ext.A1, his present stand is that the said plots
plots-P and P1 to P5.
The disputed property (plaint B schedule) is plot-P5 situated towards south-
western portion of the entire property ... that plots-P1 and P2 are included in the 8 Acres
covered by Ext.A1, his present stand is that the said plots
these writ petitions have raised a common issue, viz. denial of
permission to change the classification of the plot as dry land
disposed of by this common
judgment.
2. Petitioner in W.P.(C).3098/12 owns a plot of
land situated
demolish the illegal roof put up by
the first respondent in the common pathway and in
the open space blocking the ventilation and light ... According to
petitioner, there is a common pathway which starts from the
southern main road and ends in plot No.1 which is allotted
impugned
in these appeals are decided by the learned Subordinate Judge by common
judgment.
2. The property involved in LAA No.869/09 was included ... Reference Court to Category 4.
3. The ground which is commonly raised in both the appeals is that
the Reference Court was not justified