High Court Patna High Court - Orders

Murti Devi vs Shambhu Kumar Chaudhary &Amp; … on 4 November, 2010

Patna High Court – Orders
Murti Devi vs Shambhu Kumar Chaudhary &Amp; … on 4 November, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                C.R. No.1618 of 2009
                                     MURTI DEVI
                                         Versus
                      SHAMBHU KUMAR CHAUDHARY & ORS.
                                       -----------

3 04.11.2010 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.

     Sanjay-II                                  ( Dr. Ravi Ranjan, J.)