High Court Patna High Court - Orders

Md.Monawar Iqbal vs Md.Mahboob @ Chamo Mian &Amp; Ors on 27 October, 2010

Patna High Court – Orders
Md.Monawar Iqbal vs Md.Mahboob @ Chamo Mian &Amp; Ors on 27 October, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                C.R. No.1533 of 2009
                               MD.MONAWAR IQBAL
                                         Versus
                      MD.MAHBOOB @ CHAMO MIAN & ORS
                                       -----------

3 27.10.2010 It is submitted on behalf of the petitioner that in view

of the law laid down by the Apex Court in Shiv Shakti Coop.

Housing Society, Nagpur Vs. Swaraj Developers and

others, reported in (2003)6 Supreme Court Cases 659 and

Surya Dev Rai Vs. Ram Chander Rai and others, reported

in (2003)6 Supreme Court Cases 675 as well as by a

Division Bench of this Court in Durga Devi Vs. Vijay

Kumar Poddar, reported in 2010(2) PLJR 954, this Civil

Revision would not be maintainable. Thus, learned counsel

seeks permission to convert this Civil Revision into a Writ

Petition under Article 227 of the Constitution of India.

Leave is granted.

Let the petitioner convert this Civil Revision into a

Writ Petition under Article 227 of the Constitution of India

within four weeks, failing which this Civil Revision shall

stand rejected as not maintainable without further reference to

a Bench.

     SC                                         ( Dr. Ravi Ranjan, J.)