IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.718 of 2008
Shree Shanker Shanskrit Prathamik Sah Madhya Vidyalaya & Anr
Versus
Kripashanker Tiwari & Ors
with
C.R. No.1541 of 2004
Shree Shankar Sanskrit Prathmi
Versus
Kripa Shankar Tiwary & Ors
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5. 06.09.2011 Heard learned counsel appearing on behalf of the petitioner
as well as learned counsel appearing on behalf of the opposite parties.
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 Petition under Article
227 of the Constitution of India.
Leave is granted.
Let the petitioner convert this Civil Revision into a Petition
under Article 227 of the Constitution of India within four weeks failing
which this Civil Revision shall stand rejected without further reference
to the Bench.
(V. Nath, J.)
Saif