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Abey (agm)     25 October 2011

Pathway on land

I have a land, the person holding the plot behind my plot claimed pathway to his property thru mine. One night he cut a 1 meter pathway thru my property and removed the side gate and filed a suit in mknounsiff court claiming such path exisited 100yrs back and it's a public road. The court issued injuction and status quo after commissioner visited the site and hence the patway became open to him. The case was dismissed by munsiff court stating that no public way is seen as per docs and records and no easement is granted for the way also but the person appealed at district court and now that too got dismissed. With this i closed out the property. Would like to know.

1. Can high court allow a second appeal

2. Can I go for injuction as I fear he will pull down the stucture again

3. Can a third party to the suit initiate a new case on the way.

4. What should I do so that they do not make another path thru my property and claim again a pathway.

5. What are other ways I can secure my property legally.



Learning

 2 Replies

Advocate M.Bhadra   25 October 2011

Lodge a diary to the Police with a copy of court cases then file case u/sec.144 Cr.P.C. in the Magistrate Court. If the police autority did not take any action then file a Writ Petition in High Court or wait for second appeal it will be dismissed also.

Abey (agm)     25 October 2011

Thanks Mr. Minasu, but waiting second appeal will again allow free access if they remove the gate. how long second appeals take to get disposed off. I am told second appeal is taken only on a question of law, will such cases be entertained by High courts?

Now that I have closed the property can I go for a injuction to keep it closed?


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