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Subhash Chandra Mahto @ Shobha Chand ... vs Kameshwar Mahto &Amp; Ors on 26 August, 2010

Author: Ravi Ranjan

Bench: Ravi Ranjan

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                           C.R. No.620 of 2008
          SUBHASH CHANDRA MAHTO @ SHOBHA CHAND
                 MAHTO@SUBHASH & ORS
                                   Versus
                       KAMESHWAR MAHTO & ORS
                                 -----------

2   26.08.2010

Learned counsel for the petitioners 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 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 petitioners, 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 petitioners convert this civil revision into a writ application under Article 227 of the Constitution of India within three weeks, failing which this civil revision shall stand rejected as not maintainable without further reference to a Bench.

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