IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1742 of 2007
NURUL AIN
Versus
BHIKHI MAHATO & ORS
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5 06.10.2010 Learned counsel for the petitioner submits that
in view of the law laid down by the Apex Court in the
cases of Shiv Shakti Coop. Housing Society, Nagpur
v. Swaraj Developers and others ((2003) 6 Supreme
Court Cases, 659) and Surya Dev Rai v. Ram
Chander Rai and others ((2003) 6 SCC, 675) as well
as by a Division Bench of this Court in the cases of
Durga Devi v. Vijay Kumar Poddar and others and
its analogous cases(2010(2) PLJR 954) while deciding
the maintainability of the Civil Revision in group of
cases, this civil revision would not be maintainable.
Learned counsel for the petitioner, therefore,
seeks permission to convert this civil revision into a writ
application under Article 227 of the Constitution of India
in view of the decision of the Division Bench rendered in
Durga Devi (supra) referred to above, while deciding
the issue of maintainability of the Civil Revision.
Permission is accorded
2
Let the petitioner convert this civil revision into
a writ application under Article 227 of the Constitution
of India within three weeks after Durga Puja Holidays,
failing which this civil revision shall stand rejected as
not maintainable without further reference to a Bench.
Spd/- ( Dr. Ravi Ranjan, J.)