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Dig through Common path to possesion


01-Nov-2023 (In Property Law)
Dear Sir, We have an property issue between my mother and her sister which is prolonging for a year. We both of us have equally shared property with correct patta. Intially we constructed a house which is a second half of the property( not road facing) behind our aunty’s property. Our only way to road is a 5 feet common path and everthying goes well. After couple of years my aunt family has been started constructing a house but their plan includes the common path which is in the sky means their pillars in ground but the first floor occupies the common path. We put a case against that for permanent injunction, but judge refused to give an order in a district court since the RIT was in high court. Once the case has been moved to high court, my aunt family threatening a new problem saying that we took 4.5 feet from their land. Both the lands are divided equally and patta provided. But they took the older pathiram and claiming that...to be frank total land dosen’t match with old doc.
Answers (1)

Answer #1
603 votes
From what you say, it is just a claim to prolong the case. You can take the following steps.
1. Try to include the sanctioning authority in the case (Corporation, DTCP, CMDA, etc.) as to how the construction of a building on a common pathway was permitted without your consent.
2. File an interrogatory in the high court asking them as to the original terms of partition.
Please contact me with further details.

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