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1956 Supreme(AP) 14

VISWANATHA SASTRY
Nimmagadda Ramabrahma Sastri – Appellant
Versus
NIMMAGADDA LAKSHMINARASIMHAM – Respondent


VISWANATHA SASTRY, J.

( 1 ) THERE was a prolonged argument in this Second Appeal over a small dispute between brothers who live in a village and who have been fighting since 1927 about their rights over a blind lane marked C and C in the plaint plan filed with the plaint. The houses of the brothers face this land at one end. In O. S. No 287 of 1927 the plaintiff obtained a permanent injunction restraining the defendants from obstructing the passage of the plaintiff, his men, carts and cattle through the lane C C to his house the gate of whose compound is A-4 in the plan and a mandatory injunction directing the defendants to remove the obstruction put up by them preventing the passage of the plaintiff, his men, cattle and carts through the gate A-4 into the lane C C . The finding of the courts in that case was and in the present case is that the lane is a village pathway though it is only the residents of the few houses that open into the lane C C that have any need to use the pathway. According to the plaintiff, the first defendant recently constructed the pials c-2 and C-3 in front of his house encroaching upon the lane C C obstructing the free passage of bullock carts





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