IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1031 of 2007 SHIV GOBIND RAM @ SHEO GOBIND RAM, SON OF LATE FIRANGI RAM, RESIDENT OF VILLAGE-NAGAI, P.S. SISWAN, DISTRICT-SIWAN. -PETITIONER Versus 1. MOST.POONAM DEVI WIFE OF LATE PRAYAG PRASAD 2. RINKU KUMAR, 3. TINKU KUMAR, SL.2 AND 3 ARE MINOR SONS OF LATE PRAYAG PRASAD. 4. RUNNI KUMARI, 5. MUNNI KUMARI, 6. JHUNNI KUMARI, SL. 4 TO 6 ARE MINOR DAUGHTERS OF LATE PRAYAG PRASAD THROUGH MOST. POONAM DEVI, MOTHER AND GUARDIAN AND NEXT FRIEND OF OPPOSITE PARTY NO.3 TO 6. ALL RESIDENT OF VILLAGE NAGAL, P.S. SISWAN,DISTRICT-SIWAN, -DEFENDANTS-JUDGMENT DEBTORS 7. DHANWANTI DEVI WIFE OF LATE DEENA NATH PRASAD. 8. BINDHYACHAL PRASAD ALIAS SHAILENDRA PRASAD. 9. PHUNI PRASAD BOTH SONS OF LATE DEENA NATH PRASAD 10. SANGEETA DEVI. 11. NUTAN KUMARI. 12. NEELAM KUMARI. ALL DAUGHTERS OF LATE DEENA NATH PRASAD.ALL RESIDENTS OF VILLAGE NAGAI, POST OFFICE-RAMGARH, POLICE STATION- SISWAN,DISTRICT-SIWAN. -DEFENDATNS-JUDGMENT DEBTORS 13. SAROJ DEVI, WIFE OF SHYAM BEHARI DUBEY, VILLAGE-NAGAI, P.S. SISWAN, P.O.RAMGARH, DISTRICT-SIWAN. -(OBJECTOR)-OPPOSITE PARTY _____ For the Petitioner : Mr. Udayan Chaudhary 2 04.02.2010 Learned counsel for the petitioner submits that 2 this Revision may not be maintainable 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. However, it is submitted that the proviso as contained in section 115(1) of the Code of Civil Procedure cannot prohibit the petitioner from challenging the impugned order in a properly constituted writ petition filed under Article 227 of the Constitution of India. Learned counsel seeks permission to withdraw this Civil Revision to avail any other remedy which is available to the petitioner in law. In the above view of the matter, this Civil Revision is dismissed as withdrawn. (Dr. Ravi Ranjan, J.) AAhmad