Satyeshwar Roy, J.

An application has been filed by the appellants in which it has been stated that in view of the fact that a notification under section 3 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, (hereinafter to be referred to as 'the Act') has been issued with regard to Dumraon Anchal in the district of Bhojpur, the suit as well as appeal has abated. No rejoinder has been filed by the respondents.

2. Respondents 1 to 6 filed the suit for partition of the agricultural land situated in Dumraon Anchal in the district of Bhojpur. The suit was filed in 1970. The suit was decreed by the court below in favour of respondents 1 to 6 by the judgment and the decree dated 24.5.1973.

3. While the wit was pending by notification No. S.O. 1168 dated 16.11.1970 the State Government declared its intention to make a scheme for consolidation of holdings within Dumraon Ancha1. In spite of the said notification the suit proceeded and, as noticed above, disposed of on merit. During the subsistence of that notification this appeal was filed and on 4.1.1988 the petition in question was filed by the appellants for passing an order that both the suit and the a