pathway. It is also contended
that the pathway runs east west on the northern side from which
the pathway in question starts has a width ... pathway. Emphasis was laid on the aspect that the
pathway from which C schedule pathway starts has only less than
2 meters width
defendant. That had a width of 3 feet.
3. The plaintiff laid the suit claiming 12 feet width pathway
running through the defendant ... therefore, the plaintiff was entitled to only 3 feet width pathway
running along the western boundary of the defendant's property
links pathway, whereas the trial court has granted a
decree to restore a pathway having 140 cms. width, relief
being granted far in excess than ... pathway. Relief more than what was sought for could not
have been granted by the trial court.
Hence, the decree granting pathway having a width
property. They however, conceded that there was a four feet width
pathway passing through their property, which provided access to
the plaintiff. They wanted ... width of four feet running through
their property. It cannot be disputed that the property, through
which the plaintiff claims a 12 feet width pathway
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
width of 5
metres. The contention before this Court is that the
Commissioner deputed by the court has found that the
width of the pathway ... relevant
register maintained by the panchayat. That shows that the
width of the pathway is 5 metres.
6. The contention of the petitioners is that
that it may be specified that a proper and
suitable pathway having the same width as C schedule pathway
is laid along the western boundary ... willingness expressed by the appellants to provide an
unobstructed pathway of the same width along the western
boundary of the property will have
that it may be specified that a proper and
suitable pathway having the same width as C schedule pathway
is laid along the western boundary ... willingness expressed by the appellants to provide an
unobstructed pathway of the same width along the western
boundary of the property will have
common pathway for the plaintiffs and other alienees of
the defendants on the northern side. That pathway has
sufficient width and the plaintiffs ... defendants in the case. They have
left 12 links' width pathway on the northern side of the
plaintiffs' property
court was mainly carried away by the fact that the width of
the pathway now available is more than what is described ... fact that going by the
Commissioner's report, the width of the pathway is more
O.P.(C) No. 2309 of 2014
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than
