IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.25 of 2010 MOSTT. SUMITRA DEVI & ORS. Versus MOSTT. PARWATI DEVI & ORS. -----------
2. 25.8.2010. It is fairly submitted on behalf of the petitioners 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 petitioners convert this Civil Revision into a
Writ Petition 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.
P.S. ( Dr. Ravi Ranjan, J)