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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 se



 1 Replies

sridhar pasumarthy (ADVOCATE)     26 October 2011

Dear Abey,

Your query is incomplete.  It appears that your questiion is whether Highcourt allows a second appeal.  Is it right.  To allow a second appeal by the Highcourt, there must be a substantial question of law to be decided.  Otherwise, High court will not decide on facts again, when the trial court and the 1st appellate court decided the issue of fact involved in the suit.

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