IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1173 of 2009 JAYNARAYAN SHUKLA son of Ram Naresh Shukla, resident of village Mahuar Tola Ojhwalia, Police Station Semra, District West Champaran…. Plaintiff/Petitioner Versus 1. RAM CHANDER SHAH son of Prasad Shah, 2. Rajdev Shah son of Nand Lal Shah, 3. Vasudev Shah son of Nand Lal Shah, 4. Sukal Shah son of Nand Lal Shah, All residents of village Mahuar Tola Ojhwalia, Police Station Semra, District West Champaran…. …Defendant Ist Set/ Opposite Party Ist Set 5. Harihar Singh son of Yamuna Singh, 6. Ambika Singh son of Yamuna singh, both residents of village Mahuar Tola, Ojhwalia, Police Station Semra, District West Champaran…. … Defendant 2nd Set/ Opposite Party 2nd Set For the Petitioner: Mr. Dharmendra Choubey, Advocate ….. 4 2502.2010 Learned counsel for the petitioner fairly submits that the civil revision may not be maintainable in view of the law 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). However, it is submitted that proviso to Section 115(1) of the Code of Civil Procedure cannot take away the right of the petitioner to challenge the impugned order by filing a properly constituted writ application under Article 227 of the - 2 - Constitution of India, as has been laid down by the Apex Court in Surya Dev Rai (supra). In that view of the matter, learned counsel for the petitioner seeks permission to withdraw this civil revision to enable the petitioner to avail any other remedy, which would be available to him under law. In the above view of the matter, this civil revision is dismissed as withdrawn. SC (Dr. Ravi Ranjan, J.)