Information regarding easement right

Anwaar Mohammed (Querist) 01 March 2015 This query is : Resolved
Hi my name is Faiz Mohideen.My grandfather settled his property measuring 3700sqft to his four sons. My father is his second son and rear portion of the property measuring 1026sqft of land along with superstructure 845sqft was settled to him in the year 2004 and the remaining portion were settled equally to his three brothers. My father settled the same to me in the year 2011. I am the absolute owner and in possession of the property since the day it was settled in my name.

This property has a common pathway 5 ft extends from 1st portion to 2nd portion's end then the common pathway becomes 8 ft in the 3rd portion and ends in the same and common pathway belongs only to 2nd,3rd and 4th (rear portion) portions only.

Problem or doubt lies only with the 3rd portion belonging to my fathers elder brother and 4th portion belonging to me.
In the 8ft common pathway which starts and ends in the 3rd portion, there exists staircase which leads to open terrace of 4th portion. It is pertinent to mention here that the access or entrance for 4th portion(my portion) exists only in the 3rd portion and it has been used as the entrance for the 4th portion(my portion) since 1990(by my grandfather then my father) to present(by me) and it measure's around 4 ft.

In 2012 my grandfather cancelled the settlement made in favour of my father's elder brother(3rd portion) by a revocation deed and settled the same to his daughter's son. So my fathers brother filed the suit and the case is pending before the Hon'ble High Court since 2012.

Yesterday my aunt's son in whose favour the 3rd portion is settled blocked my entrance by constructing a wall then I made objection. He made complaint to nearest police station and officers came to inspect the same. I have explained the facts to the officers and they have accepted the same.Then they partially cleared the entrance. As far as i know when the litigation is pending in the court, construction is not permissible.

Since 1990(since construction)the 4 ft entrance which exists in the 3rd portion is used as a entrance to the 4th portion and it is the only entrance to the 4th portion. My question is whether this comes under easement right? Whether I have got Adverse possesion over the entrance ?

If my question is not clear please let me know.

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R.K Nanda (Expert) 01 March 2015
consult local lawyer.

Rajendra K Goyal (Expert) 01 March 2015
Move to court for getting a stay against any blocking / construction on the path used by you since long. Consult local lawyer.

Anwaar Mohammed (Querist) 02 March 2015
I very much appreciate your concern for coming forward to help me. Please do answer this question "When a case is pending in Hon'ble high court with regard to a property, is it permissible for anyone to construct / demolish that property without prior permission of the court ? If he does so, is that an offence. If yes under what section he shall be prosecuted.

Guest (Expert) 02 March 2015
Without appropriate stay order of the competent court against specific activity, the property owner cannot be barred from alter or modify his property, if within the norms of approved layout plan by the concerned municipality.

Devajyoti Barman (Expert) 06 March 2015
If there is no restraint order, one can do so.

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