IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.58 of 2009 VIKAS SINGH S/O Late Shri S.P. Singh, r/o 10, Lodi State, New Delhi. Versus 1. DEVESH PRATAP SINGH s/o Late Visheshwar Pratap Narayan Singh R/O B 54 Budha Colony, Patna 800001. Also at Flat No.52 Nutan Gangotri Co- operative Housing Society, Off. Vera Desai Roadr, Andheri (West) Mumbai, Village Jajnanliga, P.S. Bathnaha Distt. Sitamarhi, presently Kamla Nivas Boring Canal Road, P.S. Budha Colony, Patna. 2. Dr. Laxmeshwar Prasad Singh s/o Lae Brij Nath Prasad singh r/o 305, Anugarahpuri Colony, Gaya, Bihar. 3. Captain Jiveshwar Singh s/o late Laxemeshwar Singh r/o Takshila Apartments Indirapuram. Gaziabad. 4. Rudreshwar Singh s/o late Lakmeshwar Singh r/o 305, Anugarahpuri Colony, Gaya, Bihar. 5. someshwar singh s/o late Laxameshwar singh r/o B 7, Universal Cables Ltd. P.O. Birla Vikas Satna, Madhya Pradesh. 6. Vivek Singh s/o late Suresh Prasad Singh r/o 172, Pushpanjali, Vikash Marge Exten. N. Delhi r/o vill Majhouliya, P.S. Bathnaha, District Sitamaqrhi presently residing Kamala Niwas, Boring Canal Road, Budha colony, Patna. with C. REV. No.59 of 2009 DR.SADHANA SINGH (daughter of late Shri Suresh Pratap Singh, r/o Balaji Nursing Home, Boring Road, Patna. Versus 1. DEVESH PRATAP SINGH s/o late Bisheshwar Pratap Narayan Singh r/o village Majhauliya, Police Station Bathanaha, district Sitamarhi. Also at Mumbai, village Majhouliya, P.S. Bathnaha, district Sitamarhi. Presently kamla Niwas, Boring Canal Road, P.S. Budha colony, Patna. 2. Dr. Laxmeshwar Prasad Singh s/o Late Baijnath Singh r/o 305, Anugarahpuri Colony, Gaya, Bihar. 3. Captain Jiveshwar singh s/o late Laxmeshwar singh r/o Takshila Apartments Indirapuram, Gaziabad. 4. Rudreshwar singh, s/o late Laxmeshwar Singh, r/o 305, Anugarahpuri Colony, Gaya, Bihar. 5. Someshwar Singh, s/o Laxmeshwar Singh r/o B 7, Universal Cables Ltd, P.O. Birla Vikas Satna, Madhya Pradesh. 6. Vivek Singh s/o late Suresh Pratap singh R/o 172, Pushpanjali, Vikas Marg Extn. Delhi 110092. vill. Majouliya, P.S. Batnaha Dist. Sitamarhi. Presently Kamla Niwash, Boring Canal Road, Patna. 7. Vikas Singh s/o late Suresh Pratap Singh r/o vill Majouliya P.S. Bathanaha Dist. Sitamarhi. Presently Kamla Niwas Boring Canal Road, Patna, P.S. Budha Colony, Distt. Patna. with C. REV. No.61 of 2009 2 VIVEK SINGH son of late Shri Suresh Pratap Singh, resident of 172 Pushpanjali, Vikas Marg Extn. Delhi resident of village Majhauliya, P.S. Bathnaha, District Sitamarhi, presently residing Kamla Niwas, Boring Canal Road, P.S. Budha Colony, Patna. Versus 1. DEVESH PRATAP SINGH s/o shri Visheshwar Pratap Narayan singh s/o late Bisheshwar Pratap Narayan Singh R/o B 54 Budha Colony, c/o Saurendra Pandey, Patna 800001. Also at Flat No.52, Nutan Gangotri Co-operative Housing society. Off. Vera Desai Road, Andheri (West) Mumbai, village Majhauliya, P.s. Bathnaha, Dist. Sitamarhi. Presently, Kamla Niwas, Boaring Canal Road, P.S. Budha Colony, Patna. 2. Dr. Laxmeshwasr Prasad Singh s/o late Baijnath Pd. Singh r/o 305, Anugarahpuri colony, Gaya Bihar. 3. Captain Jiveshwar singh s/o late Laxmeshwar Singh r/o Takshila Apartment Indirapuram, Gaziabad. 4. Rudreshwar Singh s/o late Laxmeshwar Singh r/o 305, Anugarahpuri colony, Gaya, Bihar. 5. Someshwar Singh, s/o late Laxmeshwar Singh r/o B 7, Universal Cables Ltd. P.O Birla Vikas Satna, Madhya Pradesh. 6. Vikas singh s/o late Suresh Pratap Singh r/o 10 Lodi Estate New Delhi. with MJC No.2961 of 2009 DEVESH PRATAP SINGH . Versus SURESH PRATAP SINGH & Ors. ----------- 7 1.9.2010 I.A. no.1288/2009 (in C.Rev. 58 of 2009). I.A. no.1287/2009 (in C. Rev. 59 of 2009) I.A. no.4020/2009 (in C. Rev. 61 of 2009). Heard the counsel for the petitioners in all these cases as also the counsel for Devesh Pratap Singh, the opposite party no.1 in all these cases. For the reasons mentioned in these applications the prayer made therein for condoning the delay in filing these three review applications are condoned. I.A. no. 1287/2009, I.A. no.1288/2009 and I.A. no.4020/2009 are accordingly disposed of. Civil Review No.58 of 2009 3 Civil Review No.59 of 2009. Civil Review No.61 of 2009. Having heard counsel for the parties as also taking into account the admitted position that the decree was already passed in the connected suit, Title Suit No.76 of 2001 disposed of on 4.12.2003, this Court has no hesitation in allowing all the three review applications by holding that its order dated 7.11.2008 in C.R. 742/2006 has to be recalled because such Civil Revision Application itself was not maintainable, inasmuch as, the impugned order dated 4.12.2003 disposing of the suit followed by the decree could be assailed only in an appeal. In that view of the matter, the order passed by this Court on 7.11.2008 in Civil Revision no. 742 of 2006, is hereby recalled and Civil Revision no. 742 of 2006 is dismissed as not maintainable. The petitioner Devesh Pratap Singh who had filed Civil Revision Application No.742 of 2006 will however have a liberty to assail the said decree in appeal strictly in accordance with law. With the aforementioned observations all the three Review applications are allowed. M.J.C. No.2961 of 2009. As with regard to the prayer of Devesh Pratap Singh for revival of M.A. 169/2003 by recalling/reviewing the order of this Court dated 20.1.2006 passed therein, as prayed for in M.J.C. 4 no.2961 of 2009, it must be held that such prayer is wholly misconceived inasmuch as the said M.A. 169/2003 had been filed by him against an ad-interim order of injunction dated 7.4.2003 in Title Suit no.76 of 2001, which as noted above, has been already dismissed on 4.12.2003, thereby also bringing an end to the life of the aforesaid order of ad-interim injunction. In that view of the matter the prayer for revival of M.A. 169/2003 is wholly misconceived. That being so, M.J.C. no.2961 of 2009 is, accordingly, dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)