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1976 Supreme(AP) 218

B.P.JEEVAN REDDY
Sataraboyina Someswara Rao – Appellant
Versus
Sangasetti Tirupathamma – Respondent


RAMANUJULU NAIDU, J.

( 1 ) ADMITTEDLY the cart track poramboke is used by the public of the locality to take their cattle, carts and men. On a portion of the poramboke, the defendants raised structures. Admittedly the defendants are encroachers and are liable to be evicted either by the government or by the Eluru Municipality. The plaintiffs sought a permanent injunction restraining the defendants from interfering with their right to use the entire poramboke as pathway and also sought a mandatory injunction for removal of the structures raised by the defendants. In the plaint, it is admitted that a block-topped road was also laid some time prior to the filing of the suit either by the government or by the municipality. The structures erected by the defendants, it is not asserted in the plaint, are on the black topped road. It is also pleaded by the plaintiffs that they have no other pathway for reaching their lands or for taking their men, cattle and carts to their lands and that the suit public pathway is the only passage. It is however admitted af the trial by the plaintiffs that on the north of the lands there is a pucca passage to take their, cattle, carts and men the said pass




























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