IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1760 of 2009 ADITYA KUMAR CHATTERJEE, SON OF LATE DURJENDRA NATH CHATTERJEE, RESIDENT OF D.N.C.HOUSE CAMPUS, MOHALLA-MOTIJEEL, P.S.+ P.O. MUZAFFARPUR TOWN, DISTRICT- MUZAFFARPUR. -PETITIONER Versus M/S NEEL KAMAL (RETAIL GOVALEOR SUITING SHOW), MOHALLA-MOTIJEEL, P.O+ P.S.+DISTRICT MUZAFARPUR, THROUGH ITS PROPRITOR SRI SUBODH MOHOTA, RESIDENT OF MOHALLA-PURANI GUDRI, BEBIGANJ LANE, P.O. + P.S. MUZAFFARPUR TOWN, DISTRICT-MUZAFFARPUR. -OPP. PARTY _____ For the Petitioner : M/s S.K.MAZUMDAR, BINOD KUMAR, & MALIKA MAZUMDAR 2 04.02.2010 Mr. Mazumdar, learned senior counsel appearing on behalf of the petitioner, fairly submits that this Civil Revision may not be maintainable in view of the law laid down by the Apex Court in Shiv Shakti Coop. Housing Society, Nagpur V. Swaraj Developers and Others, reported in (2003)6 Supreme Court Cases 659, and Surya Dev Rai V. Ram Chander Rai and Others, reported in (2003)6 Supreme Court Cases 675. However, it is submitted that provisions, as contained in proviso to Section 115(1) of the Code of Civil Procedure, cannot curtail, the 2 right of the petitioner to move the Court under Article 227 of the Constitution of India as has been laid down by the Apex Court in Surya Dev Rai (Supra). Thus, he seeks to withdraw the Civil Revision to avail the remedy available to him under law. In that view of the matter, this Civil Revision is dismissed as withdrawn. (Dr. Ravi Ranjan, J.) AAhmad