that the "boundary wall should be within the 5 links
width pathway". Petitioner/plaintiff has filed the petition for
correction of the judgment ... stating that the boundary wall should be
within the 5 links width pathway. After going though the judgment,
a copy of which is produced
following
relief:
“(i) A decree for declaration that a 10' width
pathway is available on the north of plaintiffs' area that ... 1753 of 2022
of the 10' width pathway within the time frame and on
their failure, a decree to execute the same through Court
petitioners are
satisfied, if status quo in relation to two feet width pathway
described as B schedule in the plaint is ordered till the disposal ... mistake in the commission
report regarding non-mentioning of the width of the pathway as
reasons for the judgment in CMA 73/2019, here
easement over a pathway and for
injunction. The pathway is described as 'B' schedule, having
a width of three meters and length ... schedule
pathway was disputed. Among other contentions, the
respondents contended that the pathway is having only a
width of 7 to 7.5 feet. However, later
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
permanent
injunction not to obstruct the peaceful
enjoyment of 14 ft width pathway from National
Highway No.17 to the 'A' Schedule property
schedule item No. 3 is a pathway having a width of 2 metres and
starting from the aforesaid municipal gravel road and running
northwords through ... from the plaint
schedule item No.2].
b) A pathway having a width of approximately 2
metres passing almost through the middle of the plaint
land by expanding the existing pathway.
8. Infact the agreement of sale indicates that there
existed a pathway width of 4 to 5 feet ... clear that the petitioners essentially admitted
the existence of pathway of 4 to 5 feet width and had
offered to sell the adjacent portion
feet is a common pathway. The claim of the petitioners herein is
that there is a pathway only with a width of 3 feet ... pathway with an width of 3 feet is accepted by the defendants. Now the width of the
pathway is in dispute. The defendants also filed
