High Court Patna High Court - Orders

Sajjan Kumar Bajoria vs Amrish Chandra Sharma on 27 October, 2010

Patna High Court – Orders
Sajjan Kumar Bajoria vs Amrish Chandra Sharma on 27 October, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                            C.R. No.1934 of 2009
                         SAJJAN KUMAR BAJORIA
                                     Versus
                       AMRISH CHANDRA SHARMA
                                   -----------

3 27.10.2010 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

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 four weeks, failing which

this civil revision shall stand rejected as not

maintainable without further reference to a Bench.

(Dr. Ravi Ranjan, J.)
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