IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2257 of 2007
BIRENDRA KUMAR VERMA
Versus
RAM CHANDRA PRASAD & ORS
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4 26.08.2010 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 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
this civil revision shall stand rejected as not maintainable
without further reference to a Bench.
Spd/- ( Dr. Ravi Ranjan, J.)