Ganpat Sharma And ORS v. Smt. Bibha Devi

Patna High Court CWJC No.14020 of 2015 (3) dt.22-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14020 of 2015 ====================================================== Ganpat Sharma & Ors .... .... Petitioner/s

Versus

Smt. Bibha Devi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-06-2016 Learned counsel Mr. Dronacharya for the petitioners submitted that this writ application is not maintainable rather civil revision is maintainable in view of the judgment of the Supreme Court (2004) 9 Supreme Court Cases 512.

Learned counsel Mr. Partha Sarthy appearing for the respondent also raised preliminary objection about the maintainability of this writ application.

Accordingly, learned counsel Mr. Dronacharya seeks permission to convert this writ application to a civil revision application within ten days.

Prayer is allowed.

The petitioners are directed to convert this writ application to regular civil revision application under the Code of Civil Procedure within ten days failing which this writ application shall stand dismissed as not maintainable without further reference to the Bench.

Harish/- (Mungeshwar Sahoo, J) U