IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2015 of 2007 DINANATH RAI & ORS Versus CHANDRIKA RAI ----------- 3 29.10.2010 No one appears on behalf of the petitioners. On 19.3.2010, when this matter was listed, an order had been passed directing this matter to be listed after decision of the Division Bench in C.R. Nos. 1067 of 2009 and other referred cases on point of maintainability of the civil revisions. That decision having been delivered by the Division Bench, now this case has again been put up. This civil revision is directed against the order dated 25.8.2007 passed in T.S. No. 141 of 2003 by the Sub Judge VII, Saran at Chapra, whereby the prayer of petitioner for appointment of Survey Knowing Advocate Commissioner for local inspection and ascertaining the exact and scientific measurement of plot no. 1713 has been rejected. In the opinion of this court, the order impugned being interlocutory in nature, this civil revision would not be maintainable in view of the law laid down by the Apex Court in Shiv Shakti 2 Coop. Housing Society, Nagpur Vs. Swaraj Developers and others, reported in ((2003)6 Supreme Court Cases 659) and Surya Dev Rai Vs. Ram Chander Rai and others, reported in ((2003)6 Supreme Court Cases 675) as well as by a Division Bench of this Court in Durga Devi Vs. Vijay Kumar Poddar, reported in 2010(2) PLJR 954. However, the petitioners, if so desire, would be at liberty to convert this Civil Revision into a writ petition under Article 227 of the Constitution of India within six weeks, failing which this Civil Revision shall stand rejected as not maintainable without further reference to a Bench. Spd/- (Dr. Ravi Ranjan, J.)