Krishna Nand Choudhary @ Niranjan Kumar ... vs Manoj Kumar Pandit & Ors. on 8 July, 2010

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Patna High Court - Orders

Krishna Nand Choudhary @ Niranjan Kumar ... vs Manoj Kumar Pandit & Ors. on 8 July, 2010

Bench: Ravi Ranjan

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                           C.R. No.2035 of 2009
         KRISHNA NAND CHOUDHARY @ NIRANJAN KUMAR
                       CHOUDHARY
                                    Versus
                     MANOJ KUMAR PANDIT & ORS.
                                  -----------

6   08.07.2010

Learned counsel for the petitioner submits that in view of the law laid down by the Apex Court in the cases of Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers and others (2003) 6 Supreme Court Cases, 659) and Surya Dev Rai v. Ram Chander Rai and others (2003) 6 SCC, 675) as well as by a Division Bench of this Court in the cases of Durga Devi v. Vijay Kumar Poddar and others and its analogous cases(2010(2) PLJR 954) while deciding the maintainability of the Civil Revision in group of cases, this civil revision would not be maintainable.

Learned counsel for the petitioner, therefore, seeks permission to convert this civil revision into a writ application under Article 227 of the Constitution of India in view of the decision of the Division Bench rendered in Durga Devi (supra) referred to above, while deciding the issue of 2 maintainability of the Civil Revision.

Permission is accorded Let the petitioner convert this civil revision into a writ application under Article 227 of the Constitution of India within two weeks, failing which it shall stand rejected without further reference to a Bench.

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

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Patna High Court - Orders