4798 of 2022
S.No.973 through East-West 15 feet width pathway situated in S.No.1004/2 at
North Valliyur Bit-I, Kottaiyadi ... situated in Survey No.973 measuring through East-West 15 feet width
pathway situated in Survey No.1004/2 at North Valliyur Bit-I, Kottaiyadi
pathway shall be available to all the
properties. When respondents contended that the
pathway so provided is having a length of 22 metres
and width ... pathway.
On the other hand, both appellants and respondents
admitted that the pathway as provided was in
existence. When respondents contended that width
found from the evidence that width of the
pathway is 5 to 6 feet and accordingly granted relief ... detriment to the dominant owner. In this case, confinement
of the pathway having width of 5.5. to 6 feet to any lesser width will
said
11 cents of land; that for providing a 12 feet width
pathway towards the property owned by the donors, at
the time of execution ... said
11 cents of property for forming 12 feet width pathway,
there is no meaning in the statement that no such way
has come into
2015, the first direction was to provide 8 feet
width pathway to the plot to be set apart towards the share of
the plaintiff ... plan, 8 feet width pathway is provided
after allotting 'A' plot towards the share of the plaintiff on the
extreme southern part
plaintiffs. In other
words, they have pleaded that the width of the pathway was only 6 feet, that
immediately to its north lies their ... accepted on its face value, still the dispute as to width of
the pathway remains. There is a difference between the existence
incorrect to
say that the pathway was used for passage of vehicles also. The
pathway is not having sufficient width to allow passage of vehicles ... chal and the pathway is further east to
that, and that the said pathway is having a width of 6 feet.
According to him that
divided the properties under respective
schedules. The “ABCD” pathway is earmarked as common pathway. However,
the width of the pathway ... width of the pathway on the curve of the
pathway was for easy negotiation. The appellants attempt to narrow the pathway
cannot be entertained
when he executed
Ext.A3 and when 18 links' width pathway was formed.
According to the learned senior counsel, at the time ... increase in the width.
Relying on Exts.C3 and C4, it was argued that at present,
the width of the pathway is more than
said pathway and tried to make a pathway as described in plaint C
schedule. The pathway in question does not have a width ... pathway as described under C schedule is
not in existence, inasmuch as the Advocate Commissioner has
found that the C schedule pathway has a width
