Patna High Court - Orders
Md.Illeyas Ansari @ Md.Illyas vs Md.Ali Ansari & Ors on 24 September, 2010
Author: Ravi Ranjan
Bench: Ravi Ranjan
IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1595 of 2007
MD.ILLEYAS ANSARI @ MD.ILLYAS
Versus
MD.ALI ANSARI & ORS
-----------
4 24.09.2010No one appears.
This civil revision has been preferred against the order dated 08.05.2007 passed by the Sub Judge XI, Patna in Partition Suit No. 486/98, whereby the petition dated 12.10.2006 filed by the petitioner under Order 1 Rule 10 of the Code of Civil Procedure has been rejected.
The order impugned being interlocutory in nature, in the opinion of this Court, this civil revision would not be maintainable 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).
However, the petitioner, if he so desires, would be at liberty to convert this civil revision into a writ petition 2 under Article 227 of the Constitution of India within four weeks, failing which, this civil revision shall stand rejected as not maintainable without further reference to a Bench.
( Dr. Ravi Ranjan, J.) SC