( 1 ) LEAVE is granted on the prayer of Shri B. D. Mandhyan, Learned counsel for the petitioner to correct the cause, title so as to convert the petition into one under Article 227 of the Constitution of India.

( 2 ) FACTS as emerging from this case are that the respondent No. 3 as plaintiff instituted a suit being suit No. 310 of 1990 in the Court of learned Munsif (City) Saharanpur, on 29/09/1990 against the Respondent No. 4 and 5 and the petitioner herein as defendant No. 1, 2 and 3 respectively for injunction restraining the defendant No. 1 and 2 (respondent No. 4 and 5) from transfering their share in the suit property and delivering possession to the defendant No. 3 (petitioner herein) without effecting any partition in respect of the family dwelling house being suit property therein. Admittedly plaintiff and the defendant No. 1 and 2 are co-sharers in respect of the family dwelling house being the suit property and the defendant No. 3 is a stranger.

( 3 ) IN connection with the said case the plaintiff had filed an application for injunction which was tiled alongwith an affidavit on l 9/09/1990 for restraining the defendants No. 1 and 2 from delivering possessio