NAYANASUNDARI BEWA Vs. SUBASH CH. BEHERA AND ORS.

JUDGEMENT

(1.) THIS civil revision is directed against an order for partial abatement of a final decree proceeding under the provisions of Section 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the "Act").

(2.) OPPOSITE parties 2 to 6 filed Title Suit No. 74 of 1962 for partition of the suit properties which are situated at different villages. On 28 -3 -1966 a preliminary decree for partition was passed on compromise, declaring 7 annas share of the Plaintiffs and 9 annas share of Defendants 1 and 2 in the suit properties. On 15 -9 -1969 the Plaintiffs applied for making the preliminary decree final. During the pendency of the final decree proceedings, Defendant No. 1 filed a petition stating therein that the lands in suit had come under consolidation operations and the suit stood abated by virtue of section (4) of the Act. Opposite party No. 1 who was Defendant No. 2 in the suit filed counter contending that the rights of the parties having already been declared by a preliminary decree there could be no abatement of the suit and that some of the suit properties being situated outside the consolidation area the entire suit could not abate. It was brought to the notice of the Court that on 10 -8 -1973 the State Government had issued a notification under Section 3(1) of the Act bringing the village Champati under Salipur Police Station in the district of Cuttack under consolidation operation. The learned Subordinate Judge after hearing the parties directed that the final decree proceedings so far as it relates to the lands in village Champati would stand abated and that the proceeding would continue so far as other properties are concerned. Aggrieved by this order Defendant No. 1 has come up in revision.

(3.) UPON the publication of the notification issued under Sub -section (1) of Section 3 in the Official Gazette, - the consequences as hereinafter setforth, shall, subject to the provisions of this Act, ensue in the consolidation area in the publication of notification under Section 41 or Sub -section (1) of Section 5, as the case may be -