Blocking house path by placing angles with wire by neighbor


Sir..we hv constructed our home and after demarcation we came to know that the small old path infront of our home comes 60 percent under our land and other party having 40 pcent share of path had placed their iron angles in the path bcoz they said that they dont believe us in leaving land for path....so they placed temporary angles so that we should leave some land for path...now we have left land for path and now they had coverd the iron angles with wire to block our way....and to hinder path of others...what should we do to immediately open the angles and wire....

Answers (3)


207 votes

sir
In this regard you can file Civil Suit under easementory Right of path along with application under order 39 rule 1 & 2 CPC for temporary mandatory injunction to restore the path immediately. It is noted here that the path should be more then 20 years old.

regards


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163 votes

You need to take the intervention of court in order to get the angles removed. Alternatively, to exert pressure you could also take police help but many a times police don't do much quoting its a civil matter,but u can try it as well. Best recourse is to file a civil suit in the court.

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275 votes

If the revenue records mark the path as a rasta, thn none can construct over the same, you need to go before the court in order to vacate the obstruction from the path. As it is evident in ur case that ur way has been obstructed by ur neighbors with a wrong intention, so the moving to court soon will be in ur benefit

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