IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.117 of 2010 DEEPAK KUMAR SINGH son of Muneshwar Singh, resident of village Karpoorigram, P.O., P.S. and District Samastipur… Applicant in court below …Petitioner Versus 1. BINDESHWARI SINGH son of late Ram Autar Chaudhary, resident of village, P.O., P.S. and District Samastipur… …Plaintiff/Decree Holderin court below ..Opp.Ist Party in court below…Opp.Ist Party 2. Fuleshwar Singh son of Sri Bind eshwari Singh, village Karporigram, P.O., P.S. and District Samastipur, …Defendant-Judgment Debtor in court below-Opp.Ist Party in court below…Opp. 2nd Party, 3. Mostt. Pramila Devi D/o late Sitaram Chaudhary alias Siyaram Singh wife of late Trilok Singh of village Gohani, P.S. Bachhawara, P.S. Bhagwanpur, District Begusarai… Opp 2nd Party in court below, 4. Mosst. Meera Devi D/o late Sitaram Chaudhary alias Siyaram Singh wife of late Maheshwar Singh of village Kharika, P.S. Bidupur, District Vaishali… Opp.Party Nos. 3 & 4 were Opposite 2nd Party in court below..Opp.3rd Party. For the Petitioner: M/s Birendra Mohan Singh, Ajay Kumar Singh and Priyadarshi Matri Sharan, Advocates ----------- 2 19.02.2010 Learned counsel for the petitioner fairly submits that the 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 submitted that the proviso to section 115(1) of the Code of Civil Procedure cannot take away the right of the petitioner from 2 challenging the impugned order by filing a properly constituted writ application under Article 227 of the Constitution of India, as has been held by the Apex Court in Surya Dev Rai (supra). In the above view of the matter, learned counsel for the petitioner seeks permission to withdraw this application to seek any other remedy available to the petitioner under law. As a result, the Civil Revision is dismissed as withdrawn. SC ( Dr. Ravi Ranjan, J.)