which adjoins the pathway kept in common by the three brothers who got S. No. 680 divided leaving a common pathway for reaching their respective ... common pathway, provided his user of the common pathway does not interfere with the rights of the other co-owner in the common pathway. Similar
joining the said pathway with poramboke pathway for the purpose of using the pathway as a cart track is also admitted.
3.The first defendant ... right to enjoy the common pathway would be available only to the land earmarked for the common pathway and not in respect of any other
suit properties are described only as a common
pathway, one party claiming them as common pathway and the other party is
claiming them as exclusively ... When the appellants are claiming the right of pathway as a common
pathway, as used by their ancestors for more than 50 years and they
breadth as though they
were being used as a regular pathway. The plaintiffs have never used the
pathway for walking through the suit properties. Therefore ... When the appellants are claiming the right of pathway as a common
pathway, as used by their ancestors for more than 50 years and they
pathway is common pathway for both the appellant and first respondent. The first respondent was allotted a lesser extent by second respondent with common pathway ... pathway. According to the appellant, the Schedule B pathway is exclusive pathway and first respondent has no right over the said pathway. In view
appellant as to whether it is a public
pathway or a pathway commonly used by the appellant and
respondents. The trial court has noticed ... case of the plaintiff that the B
schedule pathway is the pathway commonly used by the plaintiff
and the defendants, it is not necessary
also found that Angappa servai had also been given common right of using the common pathway measuring 6 feet width running north to south from ... common pathway and that they have been given absolute right only in the common pathway situated to the south of the disputed pathway under
convey the absolute right over the common pathway in which the plaintiff also has common right to use the same, as per the sale deed ... over the common pathway. Therefore, the plaintiff is entitled not only to the relief of declaration of his common right over the pathway but also
exclusive right of user of the pathway which is a
common pathway meant to be used by both the parties.
The trial court decreed ... pathway and
that the defendants have also a right of user of die same since it is a
common pathway meant to be used
anti-social elements used to
assemble there. Gyaneshwar Prasad Mittal
(deceased) was also being obstructed from using
common pathway and thus a lot of nuisance
