High Court Patna High Court - Orders

Ram Mohan Prasad Verma vs Asharfi Rai on 1 September, 2010

Patna High Court – Orders
Ram Mohan Prasad Verma vs Asharfi Rai on 1 September, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                C.R. No.160 of 2010
                           RAM MOHAN PRASAD VERMA
                                        Versus
                                   ASHARFI RAI
                                      -----------

2 01.09.2010 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.)