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Patna High Court - Orders

Arun Kumar Jha & Anr vs Pushpa Choudhary & Ors on 22 July, 2010

Author: Ravi Ranjan

Bench: Ravi Ranjan

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      C.R. No.296 of 2008
                   ARUN KUMAR JHA & ANR
                            Versus
                  PUSHPA CHOUDHARY & ORS
                           -----------

6.   22.7.2010

. It is fairly 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, failing which this Civil Revision shall stand rejected without further reference to a Bench.

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