IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.612 of 1973 LABHAR RAI & ORS Versus RAM DEO RAI & ORS ----------- 59. 06.12.2010 Heard learned counsel for the appellants on Interlocutory Application No. 4388 of 2007. This application was filed by the appellants on 31st July 2007. From perusal of the record, it appears that in spite of time granted to the respondents, no counter affidavit is filed disputing the fact of issuance of notification under Section 3 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. This first appeal has been filed against the judgment and decree dated 19.9.1973 passed by Sri S.L. Nandkeolvar Subordinate Judge, Hazipur in Title Suit No. 56 of 1969 decreeing the plaintiffs-respondents’ suit for declaration of title. This interlocutory application has been filed by the appellants under Section 4 clause (c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 for abating this appeal on the ground that notification under Section 3 of the said Act has been issued in the year 1975 during the pendency of this appeal. In the case of Mst. Bibi Rahmani Khatoon and others Harkoo Gope and others AIR 1981 SC 1450 the Hon’ble Supreme Court at paragraph 12 has held as 2 follows : “12. Accordingly, both on principle and precedent it is crystal clear that where a notification is issued bringing the land involved in a dispute in the civil proceeding under a scheme of consolidation, the proceedings pending in the civil court either in the trial court, appeal or revision, shall abate as a consequence ensuing upon the issue of a notification and the effect of abatement would be that the civil proceeding as a whole would come to a naught. Therefore, the order of the High Court impugned in this appeal is legal and valid so far as it not only directed abatement of the appeal pending before the High Court but also abating the judgments and decrees of the trial court and the first appellate court because the entire civil proceeding came to naught.” In view of the above facts and circumstances of this case, this first appeal as well as judgment and decree impugned is abated under Section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. S.S. (Mungeshwar Sahoo,J.)