Petitioner has filed this revision against the order, passed by Second Additional District Judge, Vidisha, whereby the appeal filed by the respondent/defendant under Order XLIII, Rule 1, Code of Civil Procedure, is allowed.

The facts of the case are that the plaintiff has filed a suit in the trial Court alleging therein that the houses of plaintiff and defendant are adjacent to each other. There is a lane on the western side of the plaintiff's house and eastern side of the defendant's house, having a width of 4' x9". The lane is shown by words ^r*] ^Fk*] ^n* and ^/k* in the plaint map. This disputed lane is being used for common passage. The lane is used as public passage and defendant has no right, title and interest over this lane. She further submitted that the defendant has stopped this public lane by making construction over it. The plaintiff is unable to maintain the western side of wall of her house and she is deprived of light and air. The flow of water in the lane from her house also stopped and the water is entering her house. She prayed for removal of encroachment over the lane by filing a suit for perpetual injunction. An application under Order XXXIX Rr. 1 and