High Court Patna High Court - Orders

Mukti Nath Mishra vs Ram Chhabila Misra &Amp; Ors. on 3 November, 2010

Patna High Court – Orders
Mukti Nath Mishra vs Ram Chhabila Misra &Amp; Ors. on 3 November, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                C.R. No.2060 of 2009
                               MUKTI NATH MISHRA
                                         Versus
                           RAM CHHABILA MISRA & ORS.
                                       -----------

4 03.11.2010 It is submitted on behalf of the petitioner that in view of

the law laid down by the Apex Court in Shiv Shakti Coop.

Housing Society, Nagpur Vs. Swaraj Developers and others,

reported in (2003)6 Supreme Court Cases 659 and Surya Dev

Rai Vs. Ram Chander Rai and others, reported in (2003)6

Supreme Court Cases 675 as well as by a Division Bench of this

Court in Durga Devi Vs. Vijay Kumar Poddar, reported in

2010(2) PLJR 954, this Civil Revision would not be

maintainable. Thus, learned counsel seeks permission to convert

this Civil Revision into a Writ Petition under Article 227 of the

Constitution of India.

Leave is granted.

Let the petitioner convert this Civil Revision into a

Writ Petition under Article 227 of the Constitution of India within

ten days, as prayed for, failing which this Civil Revision shall

stand rejected as not maintainable without further reference to a

Bench.

     SC                                          ( Dr. Ravi Ranjan, J.)