IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.726 of 2006 SK.JANNAT HUSSAIN Versus SK.AMANULLAH & ORS ----------- 6 23.10.2008 Heard Mr. Ravi Shanker Dwivedi, learned Senior counsel for the petitioner. No one appears for the opposite parties, though Vakalatnama has been filed on behalf of them and case is in fact completed in all respect by way of service of notice. The Court below has held by the impugned order that as the first appeal arising of the preliminary decree in question has already abated in terms of Section 4(C) of the Consolidation of Holdings Act vide an order dated 19.7.1982, the preliminary decree could not be executed. Mr. Dwivedi, learned Counsel while assailing the impugned order submits that the view taken by the Court below cannot be sustained in law. Reliance in this regard has been placed on the judgment of Full Bench of this Court in the case of Hari Mohan Thakur and others Vrs. Mahendra Narain Chand and others reported in 1987 PLJR 88 to contend that this very issue has been settled by the Full Bench that even after abatement of the appeal, it will have no adverse effect on the final decree proceeding. Since this aspect of the matter has not at all been considered by the Court below in the impugned order, the same is set aside and the matter is remitted back to the Court below to reconsider the issue and pass a fresh order in accordance with law and the light of the - 2 - judgment of the Full Bench of this Court in Hari Mohan Thakur (supra). Accordingly, this Civil Revision application is allowed to the aforementioned extent. Bibhash (Mihir Kumar Jha, J.)