MAHADEB PATI Vs. GELI DEI

JUDGEMENT

(1.) This appeal by the plaintiffs arises out of an order of remand passed by the appellate court in exercise of the under O.41, R.23-A, C.P.C.

(2.) The short facts necessary for this appeal may be stated : During the pendency of the suit the area in which the disputed land is situated came under consolidation operation in view of Notification under S.3(3) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land. Act, 1972. No order of abatement was passed in the trial court under S.4(4) thereof and the suit was decreed. In appeal by the defendants the question of abatement of the suit was raised and the appellate court has found that the order of abatement ought not to be passed. With the said finding, the appellate court set aside the decree and remitted the matter back with a direction to keep the suit pending till notification under S.41 of the Act is issued.

(3.) It is not in dispute before me for the purpose of this appeal that title and possession of the plaintiff in respect of the suit land has been found by the consolidation officer which has been confirmed in appeal. The defendants have preferred revision which is pending. Under S.51 of the Act, a suit with regard to the reliefs which can be granted under the Consolidation Act is not to be entertained. In other words, the finding with regard to title and possession by the consolidation authorities becomes final. Relief of injunction cannot be granted by the consolidation authorities. Civil Court is to consider the said question on the basis of the finding of the consolidation authorities. There is no reason why a litigation should be kept pending until the notification is published under S.41 of the Consolidation Act.