This writ petition has been filed for quashing the order dated 16-1-1999 passed by 1st Additional District Judge, Sonebhadra, Annexure-5 to the writ petition by which the amendment application fifed on behalf of plaintiff- respondents No. 3 to 5 has been allowed.

2. The facts arising out of the present writ petition is that respondent No. 2 filed a suit for permanent injunction impleading therein the petitioner-respondent No. 3 Jawahar Singh husband of Smt. Gulab Patti Devi, respondent No. 4 and respondent No. 5 alleging therein that the petitioner is residing in the house shown by letters Ka, Kha, Ga, Gha in the sketch map attached to the plaint. It has been stated that towards the south of the letters Kha, Ga, a Gali exists which has been shown by letters A, B. The plaintiff wants to raise some construction in the aforesaid portion but the defendants are causing obstructions, hence the suit. The written statement was filed on behalf of the defendants alleging therein that the plaintiff is intending to get staircase constructed in the Gali shown in the letters, which is a land of public utility. It is a public path and Nali containing dirty water flowing from ther