State Of Bihar &Amp; Ors vs Mathura Pandey &Amp; Ors on 30 September, 2010

Patna High Court – Orders
State Of Bihar &Amp; Ors vs Mathura Pandey &Amp; Ors on 30 September, 2010
                            C.R. No.1895 of 2007
                          STATE OF BIHAR & ORS
                         MATHURA PANDEY & ORS

5 30.09.2010 No one appears on behalf of the petitioners.

This Civil Revision is directed against the

order dated 26.3.2007 passed by the Additional District

Judge, F.T.C. II, Aurangabad in Title Appeal No. 87 of

2006/84 of 2006, whereby he has rejected the petition

filed Under Order XLI Rule 27 of the Code of Civil


In the opinion of this Court, this Civil Revision

having been filed against the aforesaid order, which is

interlocutory in nature, would not be maintainable 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.


However, the petitioners, if they so desire

would be at liberty to convert this Civil Revision into a

writ petition under Article 227 of the Constitution of

India within two weeks after Durga Puja Holidays,

failing which this Civil Revision shall stand rejected as

not maintainable without further reference to a Bench.

Spd/-                          ( Dr. Ravi Ranjan, J.)

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