IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.721 of 2010 CHHATHIYA DEVI Versus JUDAGI MISTRY & ORS. ----------- 3. 6.10.2010. Learned counsel for the petitioner submits that a preliminary issue was raised by the defendant-petitioner that the suit concerned is barred by res judicata on the ground that at the time of final decision such issue could also be decided and the application of the petitioner could also be decided. Thus, the aforesaid order being an interlocutory in nature as the court concerned has deferred the matter and not decided the same, this Civil Revision would not be maintainable in view of the law laid down by the Apex Court in Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj Developers and others, reported in (2003)6 Supreme Court Cases 659 and Surya Dev Rai Vs. Ram Chander Rai and others, reported in (2003)6 Supreme Court Cases 675 as well as by a Division Bench of this Court in Durga Devi Vs. Vijay Kumar Poddar, reported in 2010(2) PLJR 954. In the above view of the matter, learned counsel for the petitioner seeks permission to convert this Civil Revision into a Writ Petition under Article 227 of the Constitution of 2 India. Leave is granted. Let the petitioner convert this Civil Revision into a Writ Petition under Article 227 of the Constitution of India within three weeks after Durga Puja Holidays, failing which this Civil Revision shall stand rejected as not maintainable without further reference to a Bench. Sanjay-II ( Dr. Ravi Ranjan, J)