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TRIPURA HIGH COURT
, J
Shri Sudarshan Sharma – Appellant
Versus
Shri Raja Paul and Bijoy Kumar Paul – Respondent
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| 1. court acknowledges obstructions exist in the plaintiff's access pathway. (Para 2 , 3 , 4 , 5) |
| 2. evidence reveals serious obstructions obstructing pathway access. (Para 6) |
| 3. counsel for both sides present their arguments regarding the trial court's interpretation. (Para 7 , 8) |
| 4. court's interpretation of the lack of alternative access is critical. (Para 9) |
| 5. court directs demolition of obstructions confirming it as essential for access. (Para 10 , 11) |
1. Heard Mr. S. Deb, learned Sr. counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the appellant. Also heard Mr. K.N. Bhattacharjee, learned Sr. counsel assisted by Mr. D. Debbarma, learned counsel, appearing for the respondents.
2. This is an appeal filed under Order XLIII, R.1 of the Civil Procedure Code , 1908, challenging the order dated 17.03.2020 passed by the learned Civil Judge, Sr. Division, in case No.Civil Misc.(Vio) 26 of 2018 arising out of Civil Misc. 46 of 2017 in connection with Title Suit No.15 of 2016, titled as Shri Sudarshan Sharma, petitioner v. Shri Raja Paul and Bijoy Kumar Paul, opposite party - respondents.
3. Briefly stated, the appellant herein as plaintiff instituted a
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