JUDGMENT :

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 dated 08.11.2023 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 dated 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 dated 08.11.2023.

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.

4. As per plaint's case, gate of the plaintiff's house is towards South and there is a 12 feet wid