High Court Patna High Court - Orders

Vijay Kumar &Amp; Ors vs Ganesh Prasad &Amp; Ors on 30 September, 2010

Patna High Court – Orders
Vijay Kumar &Amp; Ors vs Ganesh Prasad &Amp; Ors on 30 September, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 C.R. No.1627 of 2007
                                VIJAY KUMAR & ORS
                                          Versus
                               GANESH PRASAD & ORS
                                        -----------

3. 30.9.2010. 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 one week after Durga Puja Holidays, failing which this

Civil Revision shall stand rejected as not maintainable

without further reference to a Bench.

      P.S.                                            ( Dr. Ravi Ranjan, J)