IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.477 of 2009 SHYAM LAL KEWAT, SON OF LATE RAMPATI KEWAT, RESIDENT OF VILLAGE MATAR DA UMAPUR, POLICE STATION BHAGWANPUR, DISTRICT KAIMUR (BHABUA)…………………………………………DEFENDANT-PETITIONER Versus 1. KESHAV PRASAD KEWAT, SON OF LATE BACHAN KEWAT 2. SABRINDRA KEWAT, SON OF KESHAV PRASAD KEWAT 3. LALJI PRASAD KEWAT, SON OF LATE BAIJNATH KEWAT 4. SUDARSHAN PRASAD KEWAT, SON OF LATE BAIJNATH KEWAT 5. NAND LAL KEWAT, SON OF LATE RAMPATI KEWAT 6. DINA NATH KEWAT,SON OF LATE RAMPATI KEWAT 7. MOSMAT. RAMDEI KUNWAR, WIFE OF LATE RAMPATI KEWAT, ALL RESIDENTS OF VILLAGE MATAR DA UMAPUR, P.S. BHAGWANPUR, DISTRICT KAIMUR (BHABUA)….…DEFENDANTS-OPPOSITE PARTIES 8. MOST. SHYAMA DEI KUNWAR, WIFE OF LATE RAM SAKAL KEWAT 9. SMT. PRABHA DEVI, WIFE OF LALJI KEWAT 10. SMT. JINSA DEVI, WIFE OF RADHEY SHYAM KEWAT 11. SMT. ASHA DEVI, WIFE OF KAILASH KEWAT, ALL RESIDENTS OF VILLAGE MATAR DA UMAPUR, P.S. BHAGWANPUR, DISTRICT KAIMUR (BHABUA)… PLAINTIFFS-OPPOSITE PARTIES ----------- 3. 31.03.2009 Heard learned counsel for the petitioner. This civil revision application has been filed by the defendant-petitioner against the order dated 11.12.2008 passed by Subordinate Judge II, Bhabua in Title Suit No.309 of 2000 by which the petition of defendant no.1 filed under Sections 4(B) and 4(C) of the Bihar Consolidation of Holdings & Prevention of Fragmentation Act, (hereinafter referred to as “the Act”) has been allowed and the suit has been held to have abated. From the impugned order it appears that - 2 - the suit filed by the plaintiffs was primarily for partition. The defendants produced the evidence pointing towards initiation of consolidation proceeding which is pending, in respect of the village in which the disputed property is situated. In the circumstances, the learned court below has rightly held the suit to have abated under the said Act. It goes without saying that once the consolidation proceeding concludes, the court below shall be at liberty to proceed with the suit in accordance with law on the basis of the orders passed by the authorities under the Act. Learned counsel for the defendants- opposite parties submits that if some dwelling houses are involved in the suit, the petitioner shall be at liberty to file a petition before the authorities under the Act for exemption of the dwelling houses from the proceeding. He may do so. With the above observation, this civil application is disposed of. B.T. (J.N. Singh, J.)