GOVIND Vs. DATTATRAYA

JUDGEMENT

(1.) Rule. Rule made returnable forth with. Heard by consent.

(2.) By way of present petition, the petitioner challenges the order dated 4th September, 2007, passed by the Jt.Civil Judge, J.D., Rahata, below Exh.112 in Regular Darkhast No.413/2004 (Old No.84/1998), vide which the application filed by the present petitioner, for repairs of the road, under the supervision of the Court Commissioner with police aid, came to be rejected.

(3.) The undisputed position is that the suit between the parties i.e. the petitioner and the respondents bearing Regular Civil Suit No.73/1992 was compromised. According to the compromise decree, the petitioner is entitled to use the road admeasuring 10 feet width and 110 feet length, as a way. According to the said decree, the respondents herein, were injuncted from obstructing from using the said way by the present petitioner. According to clause (3) of the compromise, the petitioner was also entitled to repair the said road with his own expenses.