IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.961 of 2007 SHYAM BABU YADAV son of late Ram Lakhan Gope, resident of mohalla Kurmitola, P.S. Chowk, Patna City, P.O. Begumpur, District Patna…. … Defendant /Petitioner Versus MD.QUAMARUDDIN son of late Md. Habibullah, resident of mohalla Kurmitola, P.S. Chowk, Patna City, P.O. Begumpur, District Patna…. Plaintiff/Opposite Party For the Petitioner: Mr. Shyam Babu Yadav, Advocate For the Opp. Party: Md.Quamaruddin, Advocate ….. 3 04.02.2010 Heard learned counsel for the petitioner. It is fairly submitted by learned counsel for the petitioner that in view of the decisions laid down by the Apex Court in Shiv Shakti Cooperative Housing Society, Nagpur v. Swaraj Developers and others ((2003) 6 Supreme Court Cases, 659), and Surya Dev Rai v. Ram Chandra Rai and others ((2003) 6 Supreme Court Cases, 675) this Civil Revision may not be maintainable. However, it submitted that the provisions, as contained in proviso to section 115 of the Code of Civil Procedure, cannot take away the right to challenge the impugned order by filing a writ petition under Article 227 of the Constitution of India, as has been laid down by the Apex Court in Surya Dev Rai (supra). In that view of the matter, learned counsel for the 2 petitioner seeks permission to withdraw this Civil Revision to enable the petitioner to avail any other remedy, which is available to him under law. As a result, this Civil Revision is dismissed as withdrawn. SC ( Dr. Ravi Ranjan, J.)