D.K. Seth, J. - (1.) Suit No. 656 of 1997 was initiated before the learned Civil Judge. Senior Division. Allahabad by the petitioner against the private respondent Nos. 2 to 8 as defendant Nos. 1 to 7. In the suit, the following prayers were made : "(A) That the defendant Nos. 4 to 7 be restrained by means of permanent injunction from making any construction over the property in suit or from changing the nature of the suit property. (B) That the cost of the suit be allowed to the plaintiff against the defendants. (C) Any other relief which the Court deems fit be awarded to the plaintiff against the defendants."
(2.) Alongwith the suit, an application for temporary injunction was filed on which an interim injunction was allowed on 17.12.1997. Against the said order, a Misc. Appeal No. 882 of 1997 was filed by the defendant Nos. 6 and 7. The appellate court had granted an interim order of stay of operation of the interim order granted by the learned trial court. Against the said interim order dated 23.12.1997 passed in the appeal, the petitioner had moved a writ petition being Civil Misc. Writ Petition No. 160 of 1998. The writ petition was disposed of by an order dated 12.1.1998. In the said order, it was directed that the injunction application shall stand disposed of in terms of the appellate order and the opposite parties shall not be allowed after disposal of the appeal to contest the application for temporary injunction in the trial court. Pursuant to the said order, on the basis of affidavits and counter-affidavits filed in the appeal, the injunction matter was disposed of by an order dated 20.1.1998 refusing the injunction in favour of the plaintiff-petitioner herein while allowing the appeal filed by the defendant Nos. 6 and 7. It is this order which has since been challenged in this petition.
(3.) A preliminary objection as to the maintainability of the writ petition under Article 226 of the Constitution, however, was sought to be raised but Mr. A.S. Rai, learned counsel for the petitioner pointed out that the cause title of the petition describing the petition one under Article 226/227 of the Constitution and he prays for treating the application as one under Article 227 of the Constitution, therefore. It is not necessary to go into the said question.;