( 1 ) wp7019-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 7019 OF 2010 Shri Hiralal Tanga Badgujar PETITIONER VERSUS Late Ramdas Dalpat Badgujar & others RESPONDENTS .... Mr. M.M. Bhokarikar, advocate for the petitioner. Mr. A.S. Sawant, advocate for the respondents No.2 and 3. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 11th January, 2011] PER COURT : 1. Heard. 2. There is no dispute about the fact that in the earlier litigation (R.C.S. No. 87/1996, existence of the cart- way was admitted and the petitioner agreed to allow the access to the respondents in respect of the use of the said cart-way. The report of Court Commissioner shows that there is debris and earth lying on the portion of the cart-way, adjoining the dilapidated well. The petitioner shall remove the sand/debris or other material and restore the cart-way for the use of the respondents and himself within period of three (3) weeks. ( 2 ) wp7019-10 Otherwise the respondents are entitled to seek the execution and, therefore, the appointment of the Court Commissioner for removal of the obstruction cannot be faulted with. The only modification is that such appointment shall be made after three (3) weeks if the petitioner will not clear the way in question. With the above directions, the petition is disposed of. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/wp7019-10