IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1818 of 2007
BIRENDRA AZAD @ VIRENDRA AZAD & ANR
Versus
ASHOK KUMAR & ORS
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3 29.10.2010 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
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 four weeks, failing
which this civil revision shall stand rejected as not
maintainable without further reference to a Bench.
(Dr. Ravi Ranjan, J.)
Spd/-