Pushpendra Singh Bhati, J. - (1.) The petitioner has preferred this writ petition for the following reliefs:- "a) by an appropriate writ, order or direction, the impugned order dated 20.9.2017 (Annex.9) passed by learned Additional Civil Judge (J.D.), Metropolitan, Jodhpur in Execution Case No.04/2017 and furthermore direct satisfaction of the decree to be recorded on the same may kindly be recorded or same may kindly be recorded by this Hon'ble High Court or at the maximum direct the executing court to decide the application of the petitioner after permitting leading of the evidence. b) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. c) Writ petition filed by the petitioner may kindly be allowed with costs."
(2.) The non-petitioner decree holder Smt. Shanti Devi is aggrieved by erection of stone slabs by petitioner Moti Lal in the land adjoining the eastern side of Pam Lal's (father-inlaw of Shanti Devi) portion blocking the drain of waste water.
(3.) The controversy is pertaining to easementary rights. The non-petitioner decree holder Smt. Shanti Devi filed a suit for injunction against the predecessor-in-title of the petitioner Shri Moti Lal seeking prohibitory permanent injunction for restraining Shri Moti Lal from obstructing flow of water coming from laterine, gutter, septic tank and with a prayer of not closing all these outlets. A further prayer was made that the stone slabs erected in the drain of waste water be removed.;