IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1216 of 2007 1. Shanti Maheshwari wife of late Ramesh Kumar Maheshwari, 2.Anil Kumar Maheshwari son of late Ramesh Kumar Maheshwari, 3. Rita Porwal daughter of late Ramesh Kumar Maheshwari, residents of C/o Bharat Enterprises, 42, Fraser Road, P.O. GPO, P.S. Kotwali, Town & District Patna, … Defendants/Petitioners Versus BHUPENDRA NARAIN son of late Brahmdeo Narain, resident of Fraser Road, P.O.GPO, P.S. Kotwali, Town and District Patna… … Plaintiff/Opposite Party For the Petitioners: Mr. Abhijeet Maijorwar, Advocate ----------- 3 05.02.2010 Heard learned counsel for the petitioners. After some argument, learned counsel for the petitioners submitted that in view of the decisions 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 Chandra Rai and others ((2003) 6 Supreme Court Cases, 675) this Civil Revision may not be maintainable. However, it submitted that the provisions, as contained in proviso to section 115 of the Code of Civil Procedure, cannot restrain the petitioners from taking a recourse against the impugned order by filing a writ petition under Article 227 of the Constitution of India, as has been laid down by the Apex Court in 2 Surya Dev Rai (supra). In that view of the matter, learned counsel for the petitioners seeks permission to withdraw this Civil Revision to enable the petitioners to avail any other remedy, which is available to them under law. In the above view of the matter, this Civil Revision is dismissed as withdrawn. SC ( Dr. Ravi Ranjan, J.)