given to his son and she is also given 3' width pathway on the Western side of the portion of the property given ... possession and enjoyment of the same making use of 3' width pathway running along and touching the Western boundary of the property. The purchase
width of pathway was 6ft. Though it
is elicited from defendant that there was no obstruction of
using pathway of 1½ ft. width passing through ... blocked 6ft. wide
pathway and also refers to existence of 1½ ft. wide
pathway. Without specifically stating which among two
pathways plaintiff was trying
permanent
injunction not to obstruct the peaceful
enjoyment of 14 ft width pathway from National
Highway No.17 to the 'A' Schedule property
referred as road instead of pathway. But in the
evidence, he told that it is a pathway and width of pathway
is 3 feet ... width of road would be 10 to 12 feet. First
Appellate Court fails to take note of the fact that same is
mentioned with regard
garden situated, next to the place of incident
and the width of the pathway where the incident stated
to have been taken place is about ... about four feet and in the
mahazar the width of the pathway is mentioned as two
feet. Therefore, there is inconsistency and contradictory
contended that the plaintiffs have
been using the road which is a pathway to reach his
property at schedule 'A' through the property ... interim order to permit
him to use the 9 meters width pathway running over the
Schedule 'B' properties in Survey
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
right to
reduce or obstruct the user of the 7 feet
width pathway by the plaintiff as reserved
in the Sale Deed dated 07.02.2000
executed ... wall and the obstruction
which is obstructing the user of the said
pathway by the plaintiff within a month
from this day failing which
filed. No doubt, the dispute is with regard to the
width of the pathway. Since both parties can adduce
evidence with regard to the their ... respective claims
regarding width of the pathway in dispute, unless the trial
is complete, there cannot be any appointment of a
Commissioner to conduct local
construction on encroached
26ft. pathway marked with black colour in rough
sketch. Pathway of 4½ ft. width was thus reduced to
2½ ft. towards southern ... deposition of PW.1, wherein he claimed existence of
3ft. width pathway, which was fenced by him, but
defendants were using same by removing fence
