IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1371 of 2007 MADAN MOHAN LAL @ MADAN MOHAN PRASAD, SON OF LATE GANGA BISHUN SHAHU, RESIDENT OF MOHALLA-SOHSARAI, P.S. SOHSARAI, DISTRICT- NALANDA, AT PRESENT MOHALLA-BHAISASUR TOWN BIHAR, P.S. BIHAR, P.O. BIHARSHARIF, DISTRICT- NALANDA. ………………………………………PLAINTIFF/PETITIONER. Versus 1. MOST.RAMESHWARI DEVI, WIFE OF LATE GANGA BISHUN SHAHU. 2. BHAGWAN DAS. 3. ASHOK KUMAR. 4. VED PRAKASH. 5. OM PRAKASH. SONS OF LATE GANGA BISHUN SHAHU. ALL RESIDENTS OF MOHALLA-KATHAL TOLA, MAUZA-SOHSARAI, P.O. SOHSARAI, P.S. SOHSARAI, DISTRICT-NALANDA. ………………………DEFENDANTS/OPPOSITE PARTIES. -------- For the Petitioner : M/s. R.K.P. Singh and Manish Kumar ------ 4. 16.2.2010. Learned counsel for the petitioner fairly submits 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 - 2 - 675, this Civil Revision may not be maintainable. However, it is further submitted that the proviso to Section 115 (1) of the Code of Civil Procedure cannot take away the right of the petitioner to challenge the impugned order under a properly constituted writ petition filed under Article 227 of the Constitution of India. In that view of the matter, learned counsel for the petitioner seeks permission to withdraw this Civil Revision to avail any other remedy which is available to the petitioner under law. As a result, this Civil Revision is dismissed as withdrawn. P.S. (Dr. Ravi Ranjan,J)