properties through the red-
washed pathway shown in the plaint plan. The said pathway is about 10 feet
width. Except the said pathway, there ... pathway is 3 to 7
feet and after the Commissioner's inspection, he has stated that the pathway is
1 . feet width
court accepted case of
respondent No.1 regarding user of the pathway having width of eight
feet along item No.3 for more than ... width of the pathway passing through item No.2 as three feet.
It is difficult to think a pathway having width
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
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
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
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
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
pathway at various
spots touching the plaint item No.1 property of the plaintiff to
canvass that the pathway had varying width ranging from ... metres. So much so, the measurements of
the pathway showing different width at various spots as
reported by the Commissioner during his second visit, when
suit property and from that road
there is a pathway having width of four links going along the south of the suit
property and reaching ... property and going by the contention of appellant, there is a pathway
having width of four links along south of the suit property originating from
approved plan from the Corporation which would disclose the width of the
disputed pathway, that document is not produced. It is also contended ... first
appellate court has modified the decree reducing the width of the disputed
pathway. Going by Exts.A3 and A4 and as admitted
