IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.715 of 2010
SUMITRA KUER
Versus
RAMDEO YADAV & ANR.
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2 27.8.2010 Learned counsel for the petitioner fairly
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.
2
Permission is accorded
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.
(Dr. Ravi Ranjan, J.)
Spd/-