( 1 ) THE petitioner as plaintiff instituted Original Suit No. 1351 of 1997 in the Court of Learned civil Judge, Junior Division, Kanpur Nagar, against the opposite party-defendant for injunction restraining the defendant from evicting the plaintiff except through due process of law. An application for injunction was moved in connection with the said suit. Ad-interim order was issued on 5th August, 1997, Subsequently, the application for temporary injunction was dismissed by an order dated 1st May, 1999 passed by the learned civil Judge, Civil Misc. Appeal no, 146 of 1999 was preferred by the plaintiff-petitioner. By an order dated 18th August, 1999 passed by the Additional District Judge, Vth Court. Kanpur Nagar, the appeal was dismissed. These two orders dated 1st May, 1999 and 18th August. 1999 has since been challenged in this petition under Article 226 of the Constitution of India.

( 2 ) AN application has since been filed by the petitioner seeking to convert the petition into one under Article 227 of the Constitution of India. The said application is allowed and leave is granted to convert the application into one under Article 227 of the Constitution of India.