SHRI RAMESH FONDU BORKAR Vs. SHRI GOVINDNATH DEVALAYA

JUDGEMENT

(1.) HEARD Shri D. Pangam, the learned Counsel appearing for the petitioner and Shri P.S. Lotlikar, the learned Counsel appearing for the respondent. The above petition challenges the order passed by the learned Civil Judge Junior Division, Ponda dated 25/01/2012 in Regular Civil Suit No.8/2011 whereby an application filed by the petitioner for demarcation of the alternative access as reserved by order dated 2/12/2011 passed by this Court in Writ Petition No.643/2011 came to be dismissed.

(2.) SHRI D. Pangam, the learned Counsel appearing for the petitioner has pointed out that the alternative access as provided therein has many hurdles which prevents the petitioner from using the said access to go to the main road. The learned Counsel further points out that the said access passed through some steps which are shown in the plan as 'steps to an angan' in the plan and marked 'Y' for identification in the said order dated 2/12/2011 which are in a dilapidated condition. The said steps have been identified in the said plan by the words 'steps to angan'.

(3.) CONSIDERING the said statement of Shri Lotlikar, I find that nothing survives in the above petition. The respondent shall ensure that the work of repairing and/or reconstructing the said steps is completed before the ensuing monsoon season and in any event before 7th June, 2012. Subject to the said statement of Shri Lotlikar, the learned Counsel appearing for the respondent which is accepted, I find no case is made out for any interference in the impugned order. Hence, subject to above, the petition stands disposed of.