LAWS(ALL)-2024-2-44

EXECUTIVE OFFICER NAGAR Vs. STAINLI KHAN

Decided On February 01, 2024
Executive Officer Nagar Appellant
V/S
Stainli Khan Respondents

JUDGEMENT

(1.) Heard Shri Ashok Kumar Tiwari, learned counsel for the petitioner and Shri Dinesh Kumar Yadav, learned counsel for the respondent.

(2.) This petition has been filed challenging the order dtd. 8/11/2023 passed by Civil Judge (Junior Division), Farenda, District- Maharajganj in Original Suit No. 684 of 2023 (Stainli Khan Vs. Adhyaksha, Adarsh Nagar Panchayat Anand Nagar and another) rejecting the application filed by the defendant under Order 7 Rule 11 C.P.C., as well as the order dtd. 30/11/2023 passed by District Judge, Maharajganj in Civil Revision No. Nil/2023 (Executive Officer, Nagar Panchayat Vs. Stainli Khan and another) dismissing the revision filed against the order dtd. 8/11/2023.

(3.) Brief facts of the case are that the plaintiff-respondents instituted Original Suit No. 684 of 2023 (Stainli Khan Vs. Adhyaksha, Adarsh Nagar Panchayat Anand Nagar and another) for permanent prohibitory injunction restraining the defendants not to raise constructions over the rasta shown by letters A,B,C,D, in the plaint map and obstruct the right of way of the plaintiff-respondents.