IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.284 of 2009
BIBI AYESHA KHATOON & ANR
Versus
MD.AFZAL & ORS
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3 12.08.2010 Mr. Keshav Srivastava, Senior learned
counsel for the petitioners 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 Civil
Revision No. 1067 of 2009 ( 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 petitioners,
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
2
maintainability of the Civil Revision.
Permission is accorded
Let the petitioners convert this civil
revision into a writ application under Article 227 of
the Constitution of India within two weeks, failing
which this civil revision shall stand rejected as not
maintainable without further reference to a Bench.
(Dr. Ravi Ranjan, J.)
Spd/-