their counsel, the pathway in question is
not a public pathway. On the other hand, it is only a private
pathway set forth ... pathway which
is a continuation of the said pathway towards the east
is not a public pathway but a private pathway. A public
pathway which
apply to private
path. Pathway in dispute is not a pathway used by public in general. It is a
private pathway either of the parties ... Code of Criminal
Procedure to remove any such blockade made on private pathway. As the
dispute is between two private parties and the disputed property
private property the ownership of which vests with another person. Section 61 , therefore, makes specific provision for the transfer of private roads to the Commissioners ... which arose under the Bengal Municipal Act of 1884, that private pathways do not vest in the Municipality.
But the Municipality may have control over
pathway is a public pathway
meant for the public and nobody has any right to interfere
in the same. The finding that disputed pathway ... Indu Thapa, claimed that 5 feet wide road to be her private
pathway. Thus, this pathway was found obstructed at place
trespassed into the P.W.1's private pathway and cut and removed his gates worth Rs.1000/- and took them away. Inasmuch ... instance of the de-facto complainant himself, claiming exclusive right over the pathway concerned and that there was no interim injunction granted in that case
right for the 1st respondent to use any such
pathway or public pathway. After recording evidence, the Sub
Divisional Magistrate proceeded to pass Annexure ... grievance? He contends that really
the pathway is not a public pathway; but only a private pathway.
The petitioner cannot be heard to advance that
right for the 1st respondent to use any such
pathway or public pathway. After recording evidence, the Sub
Divisional Magistrate proceeded to pass Annexure ... grievance? He contends that really
the pathway is not a public pathway; but only a private pathway.
The petitioner cannot be heard to advance that
sort of obstruction to the
user of the plaint C schedule pathway by the plaintiffs, their
family members etc.
3. The case of the plaintiffs ... There it was held that the pathway in
question was not a public pathway; whereas, it was a private
pathway. Thereafter, the present suit
right it is
only in respect of a private pathway and not on a public
pathway and that the dispute is of a civil nature
discussed the entire evidence adduced on the question, whether the pathway was a public pathway or not, and arrived at the finding that ... learned Judge further found that the portion in question was a private pathway and not a public pathway.
3. The criminal Court is not charged
