IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1363 of 2007 HARI NARAIN PRASAD, SON OF LATE SWAMI NATH PRASAD, RESIDENT OF VILLAGE-RAGHUNATHPUR, P.S. RAGHUNATHPUR, P.O. RAGHUNATHPUR, DISTRICT- SIWAN……………………………………………………………… …PLAINTIFF NO.1 IN THE COURT BELOW/PETITIONER. Versus 1. SUDAMA PRASAD. 2. SHEOJEE PRASAD. 3. MADAN PRASAD. 4. SHRIKANT PRASAD. 5. AMRENDRA PRASAD. 6. VIMLA DEVI. NO.1 TO 6 ARE SONS AND DAUGHTER OF LATE JADO LAL PD. 7. KESHWAR PRASAD. 8. RAJEEV RANJAN. 9. GUDIYA KUMARI. 10. RINA KUMARI. 11. MINA KUMARI. NO.7 TO 11 ARE SONS AND DAUGHTERS OF LATE RAMJEE PRASAD. 12. SHARDA DEVI, WIFE OF LATE RAMJEE PRASAD. 13. SITA RAM PRASAD, SON OF LATE JADO LAL SAH. ALL RESIDENTS OF VILLAGE RAGHUNATHPUR, P.O. RAGHUNATHPUR, P.S. RAGHUNATHPUR, DISTRICT- SIWAN.………………………………………...DEFENDANTS IN THE COURT BELOW/OPP. PARTY 1ST SET. 14. BADRI NARAIN PRASAD, SON OF BECHU SAH. 15. ISHWAR PRASAD, SON OF UMA SHANKAR SAH. BOTH RESIDENT OF VILLAGE RAGHUNATHPUR, P.O. RAGHUNATHPUR, P.S. RAGHUNATHPUR, DISTRICT- SIWAN. ……………………………………………………PLAINTIFFS IN THE COURT BELOW/OPP. PARTY IIND SET. -------- For the Petitioner: M/s. Farooque Moazzam and Sudhir Ranjan, Advocates. -------- - 2 - 4. 24.2.2010. 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 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 as the same has been preferred against an interlocutory order passed in Eviction Suit No.9/99. However, it is further submitted that proviso to Section 115(1) C.P.C. cannot take away the right of the petitioner from challenging the impugned order by filing a properly constituted writ petition under Article 227 of the Constitution of India. Thus, learned counsel for the petitioner seeks permission to withdraw this Civil Revision to avail any other remedy which is available to the petitioner under law. In above view of the matter, this Civil Revision is dismissed as withdrawn. P.S. (Dr. Ravi Ranjan,J)