High Court Patna High Court - Orders

Sumitra Kuer vs Ramdeo Yadav &Amp; Anr. on 27 August, 2010

Patna High Court – Orders
Sumitra Kuer vs Ramdeo Yadav &Amp; Anr. on 27 August, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                           C.R. No.715 of 2010
                             SUMITRA KUER
                                   Versus
                         RAMDEO YADAV & ANR.
                                 -----------

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.)
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