easementary

prashant vithal kadam (Querist) 30 September 2009 This query is : Resolved
sir,
we had filed a easementary suit for extra 4 feet pasthway apart from the seven feet width which we had purchased from the defendants. now the court has rejected it by saying that we have disturbed the existing pathway by constructing the cement road over that 7 ft. so are we entitles for the extra 4ft width along with seven ft, as we have to also take our 4-wheelers inside.

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Raj Kumar Makkad (Expert) 30 September 2009
File the appeal against the order/judgment before next higher court within limitation.

adv. rajeev ( rajoo ) (Expert) 01 October 2009
It is not a good ground to reject. If your whole suit is dismissed You will have to file an appeal in the Senior Division Court. If it is an order on interrium application filed u/s 39 R 1 & 2 then you will have to file a Miscelleneous case against the order in the senior division civil court.

Adinath@Avinash Patil (Expert) 01 October 2009
you file appeal against order/decree in proper court.

prashant vithal kadam (Querist) 02 October 2009
Thank you very much for ur kind help. but can anyone guide me with some caselaws/judgements in relation to my legal easementary suit for appeal so that my appeal really matters?