High Court Patna High Court - Orders

Nawal Kishore Prasad vs Gopal Krishna Prasad &Amp; Ors on 28 October, 2010

Patna High Court – Orders
Nawal Kishore Prasad vs Gopal Krishna Prasad &Amp; Ors on 28 October, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                            C.R. No.1810 of 2007
                         NAWAL KISHORE PRASAD
                                     Versus
                      GOPAL KRISHNA PRASAD & ORS
                                   -----------

7 28.10.2010 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.

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