IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2101 of 2007 SURENDRA PD.SAH @ SURENDRA SAH Versus BHUVANAND BHATTARCHARYA ----------- 4 29.10.2010 No one appears on behalf of the petitioner. Mr. Sanjay Kumar Srivastava, Advocate appears on behalf of opposite party. On 29.3.2010, when this matter was listed, an order had been passed directing this matter to be listed after decision of the Division Bench in C.R. Nos. 1067 of 2009 and other referred cases on point of maintainability of the civil revisions. That decision having been delivered by the Division Bench, now this case has again been put up. This Civil Revision is directed against the order dated 20.08.2007 passed by Munsif II, Ara, in Eviction Suit No. 10 of 2006 whereby the application filed by plainitiff-oppsite party under Section 15 of Bihar Building(Lease, Rent and Eviction) Control Act, 1982 has been allowed.. In the opinion of this court, the order impugned being interlocutory in nature, this civil revision would 2 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. However, the petitioner, if so desires, would be at liberty to convert this Civil Revision into a writ petition under Article 227 of the Constitution of India within six weeks, failing which this Civil Revision shall stand rejected as not maintainable without further reference to a Bench. Sanjay-II ( Dr. Ravi Ranjan, J.)