IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.931 of 2007 1. BEGUM NUSRAT AFROZ @ NUSRAT AFROJ, W/o of Md. Sahid Kamal, R/o Mohalla Bankers colony, P.S. Kazimohmmadpur, District Muzaffarpur 2. Sahid Kamal, S/o late Hamid Uddin, R/o mohalla Bankers colony, P.S. Kazimohmmadpur, District Muzaffarpur ….. Petitioners Versus SANJAY KUMAR SONAWALA, S/o late Ram Lakhan Prasad, R/o Mohalla Club Road, P.S. Mithanpura, District Muzaffarpur … Opposite Party For the petitioner: Mr. Prabhakar Kumar, Advocate ------- 3 03.02.2010 After some argument, learned counsel for the petitioner seeks permission to withdraw this civil revision to avail any other remedy, if available, under law in view of the law laid down by the Apex Court in Shiv Shakti Coop. Housing Society, Nagpur v Swaraj Developers and others, reported in (2003) 6 Supreme Court Cases 659 and Surya Dev Rai v. Ram Chander Rai and others, reported in (2003) 6 Supreme Court Cases 675. It is stated that even if the proviso to Section 115(1) of C.P.C. renders this Civil Revision non-maintainable, it cannot operate as a bar in 2 challenging the impugned order under Article 227 of the Constitution of India. In the above view of the matter, the Civil Revision is dismissed as withdrawn. Spd/- (Dr. Ravi Ranjan, J.)