Anil Kumar, J. - (1.) Heard Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mohd. Shadab Khan, learned counsel for the petitioners, Shri M. E. Khan, learned Addl. Chief Standing Counsel and perused the record.
(2.) By means of the present writ petition, the petitioner has challenged the order dated 07.11.2003 (Annexure No.6) passed by opposite party no.1/District Judge, Barabanki and 05.02.2003 (Annexue No.5) passed by opposite party no.2/Civil Judge (Junior Division), Barabanki, whereby trial Court had directed the plaintiff/petitioner to implead Gaon Sabha as a necessary party.
(3.) Facts in brief of the present case as submitted by Shri Mohd. Arif Khan, learned Senior Advocate are that Suit No.312/2000 has been filed by the plaintiffs/revisionists claiming permanent injunction over the land shown with letters ABCD in their plaint sketch map restraining the defendants-respondent/ Block Development Officer and U. P. State from constructing any road therein. The plaintiffs have claimed that entire disputed land is their sahan Abadi which has been in their occupation since long and that the defendants have no concern with the same but they are forcibly attempting to construct a road over the same in order to oblige some influential persons of the village.;