Patna High Court - Orders
Kameshwar Prasad Singh &Amp; Anr. vs Most. Lalmuni Kuwar on 27 August, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.61 of 2010
KAMESHWAR PRASAD SINGH & ANR.
Versus
MOST. LALMUNI KUWAR
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2 27.08.2010Learned 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 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 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 maintainability of the Civil Revision.
Learned counsel for the sole opposite party 2 raises no objection.
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 it shall stand rejected without further reference to a Bench.
SC ( Dr. Ravi Ranjan, J.)