PATITAPABAN PRUSTY Vs. MADHAB CHARAN KHUNTIA

JUDGEMENT

(1.) This Civil Revision is directed against the order dated 25.10.2006 passed by the learned Addl. Civil Judge (Senior Division), Puri in Civil Suit No. 79/288 of 2006 -2004 wherein the petition filed by the defendants under Section 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short 'the Act') has been rejected.

(2.) THE question that is to be determined in this case is whether the suit, as laid, abates under the aforementioned provisions of the Act.

(3.) WHILE the matter stood thus, the defendants have filed a petition under Section 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act and stated that as the plaintiffs have described that the transaction made by Bauribandhu Pradhan is being a void transaction, the suit for declaration will abate in view of the consolidation operation started in the area where the suit property is situated. The petitioners have filed a copy of the gazette notification dated 22.9.1981 in support of their plea. Plaintiffs have filed their objection to the said petition and have stated that the dispute is not coming within the ambit of the Consolidation Act and the Consolidation Authority have no jurisdiction to decide the same as the plaintiffs have prayed for the relief of permanent injunction.