IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.983 of 2007 RAM KRISHNA SINGH, SON OF LATE SATYA NARAIN SINGH, RESIDENT OF MOHALLA-ANWARPUR, P.O. HAJIPUR, POLICE STATION-HAJIPUR TOWN, DISTRICT- VAISHALI……………..DEFENDANT…………….PETITIONER. Versus 1. BAL KRISHNA SINGH, SON OF LATE SATYA NARAIN SINGH, RESIDENT OF MOHALLA-ANWARPUR, P.O. HAJIPUR, POLICE STATION-HAJIPUR TOWN, DISTRICT- VAISHALI…………PLAINTIFF………….OPPOSITE PARTY. 2. MOST. LALWATI DEVI, WIFE OF LATE SATYA NARAIN SINGH. 3. DEO KRISHNA SINGH, SON OF LATE SATYA NARAIN SINGH. 4. MOST. GEETA DEVI, WIFE OF LATE PARMANAND SINGH AND DAUGHTER OF LATE SATYA NARAIN SINGH. 5. MOST. KAMLA DEVI, WIFE OF LATE RAMA SHANKAR SINGH AND DAUGHTER OF LATE SATYA NARAIN SINGH. 6. MOST. CHUNDA RANI, WIFE OF LATE RAN VIJAY SINGH AND DAUGHTER OF LATE SATYA NARAIN SINGH. 7. SMT. ASHA SINGH, WIFE OF RAM VIJAY SINGH, DAUGHTER OF LATE SATYA NARAIN SINGH. ALL ARE RESIDENTS OF ANWARPUR, P.O. HAJIPUR, POLICE STATION-HAJIPUR TOWN, DISTRICT-VAISHALI. ………………………..DEFENDANTS…OPPOSITE PARTIES. ----------- For the Petitioner : Mr. Birju Prasad, Advocate. For Opposite Party No.1 : Mr. Shankar Kumar, Advocate. --------- 2. 3.2.2010. 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 2 Cases 659 and Surya Dev Rai Vs. Ram Chander Rai and others reported in (2003)6 Supreme Court Cases 675, this Civil Revision may not be maintainable but in that case, as had been held by the Supreme Court in the aforesaid cases, the bar created by 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 by taking recourse of filing the writ application 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 provided to him under law. As a result, this Civil Revision is dismissed as withdrawn. P.S. (Dr. Ravi Ranjan, J)