IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1895 of 2007
STATE OF BIHAR & ORS
Versus
MATHURA PANDEY & ORS
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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
Procedure.
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.
2
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.)
