LAXMAN ALIAS BALA GOVEKAR Vs. JANARDHAN S KALANGUTKAR

JUDGEMENT

(1.) This revision petition is directed against the Order dated 27-4-2006 of the learned Sessions Judge, Margao, by which, the learned Sessions Judge, set aside the Order dated 5-12-2003 of the learned Executive Magistrate, Margao, dropping the proceedings initiated by him under Section 133 of the Code of Criminal Procedure, 1973. ('Code' for short).

(2.) The petitioner herein was respondent No. 1 before the learned Executive Magistrate. The respondents Nos. 1 and 12, the former being the nephew of the later, were the applicants (said respondents, for short), at whose instance the said proceedings were initiated by the Executive Magistrate.

(3.) The dispute between the petitioner and the said respondents is as regards a right of way. The petitioner and the contesting respondent No. 1 having failed to arrive at a compromise, this revision petition has been heard on merits. At the time of hearing, a plan of the locality has been produced and regarding which, there is no dispute raised. The petitioner as well as the said respondent Nos. 1 and 12 have their house in the property of one Smt. Ana Clara Figueiredo de Albuquerque de Souza and they have been residing therein as Mundkars. It appears that the said respondents have already been declared as Mundkars while the declaration sought by the said Petitioner is on the way. The petitioner had his original house which has been shown by letters GH on the said plan and he has extended the same as shown by letters GE on the said plan. This house is on the eastern side of the said way. The said respondents had their house which has been shown by letters A and K and they too extended the same and the extensions have been shown by letters 'a' and 'k' on the said plan. This house is on the western side of the way. The petitioner has constructed a W.C. and it has been shown by letter G. Likewise, the said respondents have constructed a W.C. and the same has been shown by letter A-1. The obstruction whose height was differently stated by different witnesses, has now been shown on the said plan as a pavement 30 cms above from ground level and it can be also seen on one of the photographs produced along with the said plan. The way or the passage claimed by the said respondents has been shown on the said plan as having a width of 67 cms in between the extension of the house of the petitioner (GE) and the toilet/W.C of the petitioner.