MANKENA NAGESWAR RAO Vs. PONUGOTI NAGESWRA RAO

JUDGEMENT

(1.) Being aggrieved by the order of Principal District Judge at Khammam dtd. 29/12/2017 in C.M.A. No. 18 of 2017 whereunder the learned 1st appellate Court dismissed the appeal against the order in I.A. No. 275 of 2017 in O.S. No. 109 of 2017 of the trial Court, the defendant in the Original Suit and respondent in the above referred Interlocutory Application filed this Civil Revision Petition under Article 227 of Constitution of India and challenged the order on the following grounds.

(2.) The lower appellate Court committed a grave error by observing that the petitioner herein could not place any evidence to show the subject pathway is a Government pathway, thereby appeal is liable to be dismissed. The petitioner has claimed that the said finding is absurd, unreasonable and illogical in view of the fact that the respondent did not claim any exclusive rights over the above referred pathway and did not dispute the fact that the pathway belongs to the Government.

(3.) The petitioner has claimed that the Court below committed an error by observing that the subject pathway is meant for footpath and cannot be converted into track way to run bullock carts and tractors. The said finding is bad in law because the records show that it is a footpath but its width is more than 8 feet 3 inches.