High Court Patna High Court - Orders

Smt.Vimla Devi &Amp; Ors vs Jai Prakash Rai &Amp; Ors on 7 October, 2010

Patna High Court – Orders
Smt.Vimla Devi &Amp; Ors vs Jai Prakash Rai &Amp; Ors on 7 October, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  C.R. No.2150 of 2007
                               SMT.VIMLA DEVI & ORS
                                           Versus
                              JAI PRAKASH RAI & ORS
                                         -----------

4. 7.10.2010. It is 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 after Durga Puja Holidays, failing which

this Civil Revision shall stand rejected as not maintainable

without further reference to a Bench.

( Dr. Ravi Ranjan, J)
SC