W.P.No.3261/2010
Adhishasi Abhiyanta K.K.Singh and others.
9.8.2010.
Shri Mahendra Sharma, counsel for the petitioner.
Shri A.K.Jain and Shri Mahendra Pateriya, Counsel for
respondents.
Shri A.K.Jain and Shri Mahendra Pateriya raised a
preliminary objection that this petition filed against the impugned
order dated 22.9.2009 passed by Civil Judge Class I, Patan, Dist.
Jabalpur, rejecting an application filed by the petitioner under
Order 7 rule11 C.P.C is not maintainable as a remedy of filing a
civil revision under Section 115 C.P.C is available to the
petitioner.
On raising such an objection, the learned counsel for the
petitioner seeks withdrawal of this petition with liberty to file a civil
revision against the impugned order.
Prayer is allowed, with liberty as prayed for, this petition is
dismissed as withdrawn, with no order as to costs.
At this stage, the learned counsel for the petitioner
submitted that as the petitioner is intending to file a civil revision,
so for a period of two weeks, ad interim writ issued on 31.3.2010
may be continued and the office be directed to return certified
copy of the impugned order.
Prayer is opposed, but considering the peculiar facts of the
case, we direct that the ad interim writ issued on 31.3.2010 to
continue for a further period of two weeks.
It is further directed that in case petitioner files a photostat
copy of the impugned order (Annex.P/1) in the office, office to
return certified copy of the impugned order to the petitioner for
filing of a civil revision against the impugned order. No order as to
cost. Certified copy as per Rules.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
Judge Judge
JLL