BHAGAWATI PRASAD TODI Vs. NATWARLAL AGARWALA

JUDGEMENT

(1.) Heard Mr. K.K. Mahanta, learned Senior counsel appearing for the petitioner. Also heard Mr. J. Roy, learned counsel for the respondent.

(2.) This is an application under Article 227 of the Constitution of India, whereby the order dtd. 26/4/2019 passed by the learned Civil Judge No. 1, Kamrup(M) in Mis Appeal No. 31/2015 has been put to challenge.

(3.) The factual matrix relating to this petition displays a story about the friendship between two persons and how their relationship got soured. Both the friends are doctorate degree holders and they decided to have their houses at the same place. Accordingly, they purchased lands adjacent to each other. Their lands are connected to the main road by a 10 feet wide passage. At one point of the passage, there is the residence of the present petitioner and on the other side of the passage, there is the boundary wall. According to the petitioner, there was a possibility that if vehicles pass through that passage, they would hit the open window panes of his house. Therefore, the petitioner made a small structure just below the windows so that the vehicles passing through that passage would not hit his window panes. In this way, the 10 feet wide passage lost some of its width. Through that passage two vehicles could not travel together and if one vehicle is parked on that passage, it would block the passage for other vehicles. These are the facts which led to deterioration of the relationship between the petitioner and the respondent. Ultimately, the respondent filed a suit, being T.S. No. 137/2015 against the petitioner praying for a decree declaring that the said common passage should be kept open round the clock without any obstruction.