SRINIBAS JENA Vs. JANARDAN JENA

JUDGEMENT

(1.) This appeal is directed against a final decree for partition. During the pendency of the appeal, the lands in dispute came under the consolidation operations on the publication of a notification issued under Subsection (1) of Section 3 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act. 1972 (hereinafter referred to as the 'Act'). On 19-10-79, the appellants filed a petition for an order of abatement of the appeal under Section 4 (4) of the Act. The prayer was resisted by the respondents on the grounds that a final decree proceeding is not covered under Section 4 (4) of the Act and that the rights of the parties having already been declared by a preliminary decree there could be no abatement of the suit. A Division Bench of this Court referred the matter to a Full Bench for decision on the question of abatement.

(2.) The main question for consideration is whether an appeal against a final decree can abate under Section 4 (4) of the Act upon publication of the notification issued under Section 3 (1) of the Act.

(3.) The relevant provisions of Sec. 4 of the Act are reproduced below for ready reference: