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2001 Supreme(Pat) 253

S.K.KATRIAR
Dharam Nath Ojha – Appellant
Versus
Raghunath Ojha – Respondent


Judgment

1. I.A. No. 508 of 2001 This appeal arises out of Partition Suit No. 103 of 1976 / 25 of 1982 During the pendency of the suit, the State Government had issued notification under Section 3(1) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the Act), on 24.7.1978, which covered part of the suit properties. The defendants thereafter filed an application before the trial court on 22.8.1979, under Section 4A of the Act, stating therein that the suit had abated in view of the aforesaid notification under Section 3(1) of the Act. By order dated 28.2.1981, the trial court had held that the suit had abated with respect to part of the suit properties, but had not abated with respect to Plot Nos. 82, 247, 461 and 265. The suit with respect to those plots of land was adjudicated and the judgment is impugned herein. During the pendency of the present appeal, the State Government issued notification under Section 4A of the Act, whereby the aforesaid notification under Section 3(1) of the Act was cancelled.

In that view of the matter, the respondent has filed the present interlocutory application praying that the suit with respe









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