AYODHYA PRACAD DUBEY Vs. JAI SHANKAR DUBEY

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioners are plaintiffs of Title Suit No. 25/2000, which they had filed for declaration of title and for injunction etc.

(3.) LEARNED counsel for the petitioners submits that the consolidation proceeding had been stopped in the area and hence there was no occasion for abatement of the suit. He further claims that the plaintiffs -petitioners have specifically stated in their plaint that there is Pucca house over the suit land in which they are residing wild their respective families and hence the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act for the sake of brevity) will not be applicable, but this aspect of the matter was completely ignored by the learned court helow, which has passed the impugned order illegally and arbitrarily.