High Court Patna High Court - Orders

Sobhi Das &Amp; Ors. vs Hira Lal Mistry &Amp; Ors. on 15 September, 2010

Patna High Court – Orders
Sobhi Das &Amp; Ors. vs Hira Lal Mistry &Amp; Ors. on 15 September, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  C.R. No.85 of 2010
                                 SOBHI DAS & ORS.
                                         Versus
                              HIRA LAL MISTRY & ORS.
                                       -----------

4. 15.9.2010. It is fairly submitted on behalf of the petitioners 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 petitioners convert this Civil Revision into

a Writ Petition under Article 227 of the Constitution of India

within three weeks, failing which this Civil Revision shall

stand rejected as not maintainable without further reference

to a Bench.

      P.S.                                            ( Dr. Ravi Ranjan, J)