1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicant-original plaintiff challenging the order passed by the learned appellate Court in Civil Miscellaneous Appeal No. 61/1985 by which the learned appellate Court has allowed the said Appeal quashing and setting aside the order passed by the learned trial Court below Exh. 5.
2. Having realized that against the impugned order, Civil Revision Application under Section 115 of the Code of Civil Procedure would not be maintainable, more particularly, in view of the decisions of the Hon'ble Supreme Court in the case of Shiv Shakti Co.operative Housing Society, Nagpur Vs. Swaraj Developers & Ors. reported in (2003) 6 SCC 659 and in the case of Surya Devi Rai Vs. Ram Chander Rai & Ors. reported in (2003) 6 SCC 675, Shri Vakil, learned advocate appearing on behalf of the applicant seeks permission to withdraw the present Civil Revision Application as the applicant proposes to file a substantive petition under Article 227 of the Constitution of India challenging the impugned order. However, he has requested to continue the interim relief, which has been granted earlier, which is in operation since 1987 so as to enable him to obtain an appropriate order in the Special Civil Application, which may be filed.
3. In view of the above, the present Civil Revision Application is dismissed as withdrawn with the above liberty. As and when such Special Civil Application is filed within the period of two weeks from today the same be considered in accordance with law and on its own merits as this Court has not expressed anything on merits in favour of either parties. The ad-interim relief granted earlier in the present Civil Revision Application, which has been continued since 1987 is directed to be continued up to 11/04/2012 so as to enable the applicant to pray an for appropriate interim order in the Special Civil Application to be filed. Rule is discharged. No cost.
(M.R. SHAH, J.) siji