H.C.MISHRA
Harihar Sao – Appellant
Versus
Shyamdeo Prasad – Respondent
Heard learned counsel for the petitioners and learned counsel for the opposite party.
2. Petitioners are aggrieved by the order dated 10.6.2008 passed by the learned Sub-Divisional Magistrate, Bermo at Tenughat, in Case No.2 of 2006, whereby the order passed under Section 133 of the Cr.P.C., directing the 2nd party-petitioners for opening the drainage of the water of the house of the 1st party, passing through the land of the 2nd party, has been made absolute by the Court below.
3. From perusal of the impugned order, it is apparent that this is a case of dispute between two private parties. The proceeding was initiated on the application filed by the 1st party-opposite party alleging that the passage of the water from his house was illegally blocked by the members of the 2nd party-petitioners. The 1st Party claimed to be the owner the plot No.547 in Khata No.4, measuring 52 decimals, situated in village Baridari, P.S. Mahuatand, District Bokaro, on which, the 1st party has constructed his house and the sewerage water of the said house had a passage towards an open land, which was allegedly closed by the members of the 2nd party, causing obstruction to the flow of the sewer
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