IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.612 of 1973
LABHAR RAI & ORS
Versus
RAM DEO RAI & ORS
-----------
59. 06.12.2010 Heard learned counsel for the appellants on
Interlocutory Application No. 4388 of 2007.
This application was filed by the appellants on
31st July 2007. From perusal of the record, it appears that
in spite of time granted to the respondents, no counter
affidavit is filed disputing the fact of issuance of notification
under Section 3 of the Bihar Consolidation of Holdings and
Prevention of Fragmentation Act, 1956.
This first appeal has been filed against the
judgment and decree dated 19.9.1973 passed by Sri S.L.
Nandkeolvar Subordinate Judge, Hazipur in Title Suit No.
56 of 1969 decreeing the plaintiffs-respondents’ suit for
declaration of title.
This interlocutory application has been filed by
the appellants under Section 4 clause (c) of the Bihar
Consolidation of Holdings and Prevention of Fragmentation
Act, 1956 for abating this appeal on the ground that
notification under Section 3 of the said Act has been issued
in the year 1975 during the pendency of this appeal.
In the case of Mst. Bibi Rahmani Khatoon and
others Harkoo Gope and others AIR 1981 SC 1450
the Hon’ble Supreme Court at paragraph 12 has held as
2
follows :
“12. Accordingly, both on principle and
precedent it is crystal clear that where a
notification is issued bringing the land
involved in a dispute in the civil
proceeding under a scheme of
consolidation, the proceedings pending in
the civil court either in the trial court,
appeal or revision, shall abate as a
consequence ensuing upon the issue of a
notification and the effect of abatement
would be that the civil proceeding as a
whole would come to a naught. Therefore,
the order of the High Court impugned in
this appeal is legal and valid so far as it
not only directed abatement of the appeal
pending before the High Court but also
abating the judgments and decrees of the
trial court and the first appellate court
because the entire civil proceeding came
to naught.”
In view of the above facts and circumstances of
this case, this first appeal as well as judgment and decree
impugned is abated under Section 4(c) of the Bihar
Consolidation of Holdings and Prevention of Fragmentation
Act, 1956.
S.S. (Mungeshwar Sahoo,J.)