favour of the
plaintiffs only in respect of the 20 feet width pathway shown in red
colour in the plaint and accordingly granted the reliefs ... abovesaid determination, accordingly, barring the abovesaid extent of
of 20 feet width pathway as declared in O.S.No.474/1992, granted the
reliefs
pathway has not been mentioned in Ex.A1. However, the plaintiff has laid the suit claiming that the suit pathway measures to a width ... therefore obvious and also made clear that the suit pathway of width 2'/3' exists, on ground, as depicted
would go to indicate that only a pathway to a width of 4 feet running north to south has been mentioned for the beneficial enjoyment ... plaintiffs are entitled to get easementary right of the pathway to a width of 4 feet and to a length of 150 feet
plaintiffs, the abovesaid 6 ft pathway connects the 10 ft width pathway which in turn connects the 15 ft wide newly formed private road which ... path way which as above seen leads to 10 ft width private pathway which in turn leads to 15 ft width private road which
also been given common right of using the common pathway measuring 6 feet width running north to south from the common pathway described ... brother, the first plaintiff and as regards the common pathway measuring 6 feet width running north south for having access to the union road
mentioned in any one of the sale deeds and the width of the
pathway has also been not shown in the documents projected ... only the mamool pathway and there is no
mentioning of any specific pathway in particular, measuring 12 feet
width and the course of the same
judgments of the
Courts below are justified in enlarging the
width of the pathway for taking lorry,
tractor, etc., when specific right was given ... pathway.
In fact, the dispute is only as regards width of the pathway as such,
therefore, it is found that the dispute between the parties
regards the pathway is to be rejected.
13. Now, according to the plaintiff, the suit pathway measuring 9 feet width and 45 feet length ... mamool pathway, there is no mention about any pathway as such in the defendant's share measuring an extent of 9 feet width
pathway as easement of necessity the existence or non existence of any other pathway for the plaintiffs, particularly, the other pathway mentioned ... pathway and when the document Ex.A3 denotes the existence and usage of the suit pathway, the contention of the defendants that the pathway
house, the backyard is situated and there is a cart pathway to a width of 8 feet leading from north street to backwards ... accordingly has noted the presence of the cart pathway to a width of 6 feet and and length of 49 feet and also mentioned that