IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.124 of 2010 ABHAI KANT SHUKLA son of late Uma Kant Shukla, resident of mohalla Pokhara, Ganesh Cinema Road, P.O. & P.S. Hajipur, District Vaishali… Plaintiff/Petitioner Versus JAWAHAR PRASAD Gupta son of Suamber Prasad, Properietor, Indian Commercial Institute, Cinema Road, Hajipur, Permanent Address: Village Sonepur, P.O. & P.S. Sonepur, District Saran, at present residing at Bag Dulhan, near Community Bhawan, P.O. & P.S. Hajipur, District Vaishali… Defendant/Opposite Party For the Petitioner: Mr. Kapildeo Singh, Advocate ----------- 2 05.02.2010 Heard learned counsel for the petitioners. After some argument, learned counsel for the petitioner 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 petitioner 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 petitioner to avail any other remedy, which is available to him under law. In the above view of the matter, this Civil Revision is dismissed as withdrawn. SC ( Dr. Ravi Ranjan, J.)