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1940 Supreme(Mad) 277

PANCHAPAKESA AYYAR
Nari Chinnabba Chetty – Appellant
Versus
E. Chengalroya Chetty – Respondent


Advocates:
G.R. Jagadisa Aiyar for Appellants.
T.L. Venkatarama Aiyar for Respondents.

Judgment

This second appeal is against the judgment and decree of the District Judge, North Arcot, in A.S. No. 244 of 1946. The. facts were briefly these. The appellants here had obtained a decree in O.S. No. 124 of 1942 against the respondents preventing the respondents from interfering with the appellants’ right of way along the pathway marked KLM in the suit plan, so that appellants might take their cattle and ploughing materials along that pathway. These appellants put in E.A. No. 496 of 1946 in the District Munsiff’s Court, Vellore, the Court which had granted the decree, alleging that the respondents had ploughed up a portion of the pathway and included it in their adjacent land, had dug a pit on the pathway, and widened the existing well making an encroachment on the pathway, and thus made it impossible for any cattle to go along the pathway with safety, and for any persons to go along the pathway without care. The learned District Munsiff gave these appellants a decree directing these respondents to remove the obstructions within a week from 10th August, 1946, the date of his order, failing which he allowed these appellants to rectify all the defects and obstructions in the














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