IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1970 of 2009 BALESHWAR MAHTO son of late Rama Dayal Mahto, resident of Purani Bazar, Lakhisarai, P.O. + P.S. + District Lakhisarai… …Defendant Ist Party/ Petitioner Versus BINOD KUMAR GUPTA & ORS. … Opposite Parties For the Petitioner: M/s Shabbir Ahmad and Shambhu S.N. Singh, Advocates ----------- 2 08.02.2010 Heard learned counsel for the petitioner. It is submitted on behalf of the petitioner that this civil revision may not be maintainable against the impugned order as per the law laid down by the Apex Court in Shiv Shakti Cooperative Housing Society, Nagpur v. Swaraj Developers andothers ((2003) 6 Supreme Court Cases, 659), and Surya Dev Rai v. Ram Chandra Rai and others ((2003) 6 Supreme Court Cases, 675). However, it is 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 in 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revision to avail any other remedy, which is available under law. 2 As a result, this Civil Revision is dismissed as withdrawn. SC ( Dr. Ravi Ranjan, J.)