follows:
Dw 1 has stated during his evidence that the width of the pathway was not reduced after the Madrasa committee purchased the property ... time there was no obstruction to the use of the pathway having a width of 6 feet 8 inches. The defendants have no case that
parties under Ex.A.1. To prove that such a pathway with 3 yards width is in existence the plaintiff has produced ... pathway on 21.1.1996, the defendants have obstructed him. There is absolutely no evidence on record to show, where the said pathway with 3 yards width
committee is directed to shift the fencing beyond the said pathway of 9 feet width so that the clearance between the Harijanwada and pathway which ... aforesaid pathway as indicated above."
The High School Committee was directed to shift the fencing beyond the said pathway of 9 feet width
found.
16. It is also found that apart from 11' width pathway from Race Course road, there is no other entrance or passage ... position to see that the width of the pathway is 30' but 11' only. In Ex.A-9 also width of the same
Kollam East village belongs to the temple.
5 meter width pathway was laid down across the 57 cents of
land. 46 cents of land ... pathway
belongs to the Devaswom and there is no access to the
petitioner or his predecessor in interest from the property to
the pathway across
restrained by an injunction from further reducing the width of the pathway and also to declare their right of easement in respect of the entire ... actual width, to which plaintiffs are entitled. At the time when the Commissioner visited the property, the width of the pathway was only
consideration by the appellate Court was in respect of the width of the pathway that the plaintiff has acquired by prescription, the appellate Court ... user of the pathway for vehicular traffic for the prescriptive period and hence the pathway is not of such width as claimed in the plaint
other
hand was that there was a four feet width pathway earlier,
and after Raghavan had purchased the property, the
pathway was widened by utilizing ... 1011/2011. 9
that there was a four feet width pathway earlier, which was
later widened. Moreover, from Ext.B1 file it is seen
maintainable in the absence of any document to prove the width of the pathway ?
2. Whether the first appellate court is right in reversing ... plaintiff to prove that there was a common pathway measuring 14 feet width and has not the first appellate court erred in shifting the burden
injunction in relation to a
pathway alleging that the scheduled pathway is a
public pathway having 12 feet width and about 1000
metres length shown ... locality are using the alleged
pathway as a public pathway; that there is no
pathway in existence as shown ABCDE in the
schedule, though
