IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 894 of 1997 with Civil Application No.6093 of 1997 For Approval and Signature: HON'BLE MR.JUSTICE P.B.MAJMUDAR ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgment? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- GANGABEN VRAJLAL PIPALIA Versus VAJUBHAI ALIAS VRAJLAL MOHANLAL PIPALIA -------------------------------------------------------------- Appearance: MR YF MEHTA for Petitioner Nos. 1-2 MRS MADHUBEN SHARMA for the Respondent. -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE P.B.MAJMUDAR Date of decision: 08/03/2004 ORAL JUDGEMENT The learned Advocate for the petitioners states that this CRA is filed against an interim order passed in Civil Suit No.1713 of 1995. It is submitted that in order to file a Special Civil Application under Article 227 of the Constitution of India, as this revision is not maintainable in view of the amendment in Section 115 of the Code of Civil Procedure, he wants permission to withdraw this Civil Revision Application. Permission is granted. It is clarified that this Court has not expressed any opinion on the merits of the issue. It will be open for the petitioners to challenge the impugned order, if they so desire, by filing a petition under Article 227 of the Constitution of India. This CRA is accordingly disposed of as withdrawn, subject to what is stated above. Rule is discharged. No costs. In view of the above order passed in the CRA, no order in C.A. No.6093 of 1997. 8th March, 2004 ( P.B. Majmudar, J. ) **** (apj)