IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.2203 of 2009
BRAHMDEO HAZARA @ BRAHMDEO PASWAN
Versus
AMARESH TIWARI & ANR.
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2 08.07.2010 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 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 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 two weeks, failing which
it shall stand rejected without further reference to a
Bench.
(Dr. Ravi Ranjan, J.)
Spd/-