According to the respondents, they had
already provided a 3 feet width pathway through
their property to plaint 'A' schedule property ... necessity ceases to
exists when they provided 3 feet width pathway
through their property to the appellant.
7. On the aforesaid rival pleadings, both
parties
According to the respondents, they had
already provided a 3 feet width pathway through
their property to plaint 'A' schedule property ... necessity ceases to
exists when they provided 3 feet width pathway
through their property to the appellant.
7. On the aforesaid rival pleadings, both
parties
width of
the said pathway and contended that the width of the
pathway upto the plaint A schedule property is only
having ... Going by the impugned order it is seen that the
width of the pathway is reported by the Commissioner
in the earlier report, which
right of pathway through
the petitioner's property. Though respondents 1 and 2 claimed
a pathway having a width of 12 feet, the trial ... trespassing into the petitioner's
property except the 4 links width pathway as per the decree in
the above suit and committing
Kumaran and that there was no
pathway of 12 feet or any lesser width through the
eastern property of Sivadas which earlier belonged ... Palakkad for the past 8 years . According to him the pathway
having a width of 13 feet was passing through the property of
Chennoor family
husband of the petitioner had set
apart a pathway having a width of 4 metres for the
WP(C).21400/07 :2:
ingress and egress ... made leaving some portion of the
property having a width of 4 metres as pathway, for the
ingress and egress to the remaining property
revision petitioners. It is also alleged that a pathway having 6
feet width was purchased by the third respondent from the
Revision Petitioners by paying ... respondent
inspected the property and found that a pathway having 2 feet
width passing through the paddy field is being used
respondent, claiming that he is entitled for the
pathway, having 7 feet width, covered by Ext.P1
decree and the petitioner is attempting ... reduce
the width of the same. According to the petitioner,
he has not made any attempt to reduce the width of
the pathway
respondent filed a
written statement contending that there is a pathway
having 3 meter width on the eastern side of the plaint
schedule property ... only. But the defendants filed a written statement
claiming a pathway, having 3 meter width, on the eastern
side of the plaint schedule property
item Nos.1 and 2. The plaint item No.2 pathway
is a private pathway which is being enjoyed by the plaintiff
alone ... defendants have right of way over item No.3 pathway
having a width of 3 Ft. passing through the western side of the
defendants
