IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2057 of 2007 MD.ZEYAULLAH & ORS Versus KANAK KISHORI DEVI & ORS For the Petitioners: Mr. S.M. Shabbir Alam, Advocate ----------- 3 01.10.2010 Learned counsel for the petitioners submits that the civil revision having been filed challenging the order dated 31.07.2007 passed by the Sub-Judge I, Sitamarhi in Title Suit No. 283/03 allowing the petition filed under Order I Rule 10(2) of the Code of Civil Procedure by the intervenors and directing him to be impleaded as defendant and to file written statement 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). In the above view of the matter, learned counsel for the petitioners seeks permission to withdraw this civil revision and file a properly constituted writ 2 petition under Article 227 of the Constitution of India within two weeks after Durga Puja holidays. Permission is accorded. Accordingly, this civil revision is dismissed as withdrawn with the aforesaid liberty. SC ( Dr. Ravi Ranjan, J.)