IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.200 of 2010 PRAMOD KUMAR SINGH son of Binesh Chandra Singh, residing at 102A Sapna Apartment, Ram Nagri Sector 3, Ashiyana, Patna, P.S. Rajiv Nagar, District Patna… …Defendant/Petitioner Versus SMT. SHARDA DEVI wife of Kuver Nath Lal, resident of 29-Kidwaipuri, P.S. Kotwali, District Patna… ..Plaintiff/Opp. Party For the Petitioner: Mr. Durgesh Pd. Sinha, Advocate ----------- 2 23.02.2010 Learned counsel for the petitioner fairly submits that this civil revision may not be maintainable in view of the law 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 Chander Rai and others ((2003) 6 Supreme Court Cases, 675). However, it is further submitted that the proviso to Section 115(1) of the Code of Civil Procedure cannot take away the right of the petitioner from challenging the impugned order by filing a properly constituted writ application under Article 227 of the Constitution of India. Thus, learned counsel for the 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 As a result, this civil revision is dismissed as withdrawn.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.)