Brahmdeo Hazara @ Brahmdeo Paswan vs Amaresh Tiwari &Amp; Anr. on 8 July, 2010

Patna High Court – Orders
Brahmdeo Hazara @ Brahmdeo Paswan vs Amaresh Tiwari &Amp; Anr. on 8 July, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                           C.R. No.2203 of 2009
              BRAHMDEO HAZARA @ BRAHMDEO PASWAN
                                    Versus
                        AMARESH TIWARI & ANR.
                                  -----------

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/-

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