IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1853 of 2009 B S S R UNION REST HOUSE Versus SHRI PRADEEP KARMKAR & ORS. ----------- For the petitioner: Mr. Rajeev Roy, Advocate --------- 2 04.02.2010 Learned counsel for the petitioner fairly submits that 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 the civil revision may not be maintainable against the impugned order. Specially in view of the proviso of Section 151 of the Code of Civil Procedure, however, learned counsel for the petitioner submits that the provisions as contained therein cannot take away the right of the petitioner to avail his remedy by filing a writ petition under Article 227 of the Constitution of India as has been held in Surya Dev Rai (supra), learned counsel for the petitioner seeks permission to withdraw this civil revision to avail 2 remedy available under law. In the above view of the matter, the Civil Revision is dismissed as withdrawn. Spd/- (Dr. Ravi Ranjan, J.)