IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1879 of 2009
SITARAM MAHTA
Versus
KAPILDEO MAHTA @ KAPILDEO YAHT
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2 27.08.2010 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, failing which it shall stand
rejected without further reference to a Bench.
SC ( Dr. Ravi Ranjan, J.)