IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2046 of 2007
JANARDAN TIWARI & ORS
Versus
KAMAL TIWARI & ORS
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4 01.10.2010 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 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 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 maintainability of the Civil Revision.
Permission is accorded
2
Let the petitioners convert this civil revision
into a writ application under Article 227 of the
Constitution of India within three weeks after Durga Puja
holidays, failing which it shall stand rejected as not
maintainable without further reference to a Bench.
SC ( Dr. Ravi Ranjan, J.)