1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicant-original plaintiff to quash and set aside the impugned order dated 11/01/2001 passed by the learned City Civil Court at Ahmedabad below Exh. 114 in Special Civil Suit No. 3953/1988.
2. Having heard the learned advocates appearing on behalf of the respective parties and considering the decisions of the Hon'ble Supreme Court in the case of Shiv Shakti Co- operative Housing Society Vs. Swaraj Developers and Ors. reported in (2003) 6 SCC 659 as well as in the case of Surya Dev Rai Vs. Ram Chander Rai and Ors reported in (2003) 6 SCC 675, against the impugned order Revision Application under Section 115 of the Code of Civil Procedure would not be maintainable. Hence, the present Civil Revision Application is dismissed as not maintainable under Section 115 of the Code of Civil Procedure. It goes without saying that if the applicant has any other alternative remedy against the impugned order, may be under Article 227 of the Constitution of Indian, it will be open for the applicant to initiate any such proceedings and as and when such proceedings are initiated the same shall be considered in accordance with law and on its own merits as this Court has not expressed anything on merits so far as the impugned order is concerned. Rule is discharged. At the request of Shri Dave, learned advocate appearing on behalf of the applicant so as to enable the applicant to file any other remedy, ad-interim relief granted earlier is directed to be continued till 16/04/2012.
(M.R. SHAH, J.) siji