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[Cites 4, Cited by 2]

Patna High Court - Orders

Ekta Sahkari Grih Nirman Samiti Limited vs The Estate Of Late Ram Paricha on 2 August, 2011

Author: V. Nath

Bench: V. Nath

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    C.R. No.1175 of 2009
                        Ekta Sahkari Grih Nirman Samiti Limited
                                              Versus
                              The Estate Of Late Ram Paricha
                                            -----------
2.   02.08.2011

It is submitted on behalf of the petitioner 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 petitioner convert this Civil Revision into a Writ Petition 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.

( V. Nath, J.) Nitesh