Easementry right under section 147 (2)
04-Apr-2023 (In Criminal Law)
Two neighbour parties A & B have dispute over common path which lies in the land area of A . The only path over land of A connecting to building of B , utilised by B for more than 3 years. Now, A has blocked the path & created a Kutchha construction over path. B has no any other approaches to his house. B files a case before SDM for easementry right of way .The SDM calls for report from Police station & then C.O. & finally allows easementry right to B over land of A & directs A to remove wall / obstruction within 15 days. A files a Cr.revision on the ground that SDM has passed order without adducing any evidence & legal right of B over the land & no mention in salee Deed of plot ,which was admitted by District & session judge , but finally rejected petition & upheld SDM order. A now plans to file for second appeal in High court . Kindly opine about the remedies available to A & the probability that case will be admitted by High court.
Yes in the given situation the person 'A' may apply in the Hon'ble High Court regarding the disposal of the said issue. The person 'A' can appeal to the Hon'ble High Court under Section 482 of Criminal Procedure Code.
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