GUMAN MAL LODHA, J.

( 1 ) IN this petition, Shrimati Kishna Devi had challenged the judgment of Additional District Judge No. 2, Jodhpur of 23rd November, 1979 setting aside the order passed by Addl. Mun. and Judl. Magistrate No. 2, Jodhpur dt. 7-8-1978.

( 2 ) THE suit for permanent injunction is pending in which the petitioner is plaintiff. In this suit, permanent injunction has been claimed against the defendant. There exists a lane in between the house of the parties and according to plaintiff, this is cemented sanitary lane. In this sanitary lane, sewage line of the flush latrine has been permitted and, the windows and doors of the plaintiffs house are opened in this lane.

( 3 ) THE learned trial Magistrate granted temporary injunction and restrained the defendant from making construction over this sanitary lane in dispute, but in appeal that order has been reversed and application for temporary injunction has been dismissed,

( 4 ) SHRI B. L. Panwar, the learned counsel for the petitioner-plaintiff has argued that in the site plan of the Urban Improvement Trust passed by the Chief Town Planner, this lane has been opened as part of the public street and sanitary lane