IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.56 of 2010 MOTI LAL GUPTA @ MOTI LAL, SON OF LATE MAUJI LAL, RESIDENT OF MOHALLA-JAI RAM BAZAR, P.O. & P.S. KHAGAUL, DISTRICT- PATNA. -PETITIONER Versus SHALINI AGRAWAL, WIFE OF SRI RAVI AGRAWAL RESIDENT OF JAI RAM BAZAR, KHAGAUL, P.O.& P.S. KHAGAUL, DISTRICT-PATNA. -OPP.PARTY For the Petitioner : M/s Abhay Kr.Singh No.I Gautam Shah & Bharat Bhushan For the Opp. party : M/s Jashwir Singh Arora & Ajay Kumar 2 11.02.2010 After some argument learned counsel for the petitioner seeks permission to withdraw this Civil Revision as the same 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, reportred in (2003) 6 Supreme Court Case 659 and Surya Dev Rai V. Ram Chander Rai and Others, reported in (2003) 6 Supreme Court Cases 675. However, it is submitted that the proviso to Section 115(1) of the Code of Civil Procedure does not take away the right of the petitioner to challenge the impugned 2 order in a properly constituted writ petition filed under Article 227of 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 would be available to the petitioner under law. Mr. Jashwir Singh Arora appears on behalf of the opposite party and says that a petition filed before the court below was nothing except dilatory tactics adopted by the petitioner. However, without going into the merit of the case, in view of the submissions made on behalf of the petitioner this Civil Revision is dismissed as withdrawn. (Dr. Ravi Ranjan, J.) AAhmad