S. C. MOHAPATRA, J.

( 1 ) DEFENDANT 5 is the petitioner in this Civil revision which arises out of an order under S. 4 (4), Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Act' ).

( 2 ) IN the suit for partition by the plaintiff in respect of the family property, relief under S. 4, Partition Act, was claimed against defendant 5 who is a stranger purchaser of homestead. On the allegation that during the pendency of the suit the disputed land came within the consolidation area in view of the notification under S. 3 of the Act, petitioner filed an application for ordering abatement of the suit.

( 3 ) IN the absence of any objection to the fact of the disputed land being in the consolidation area, the trial court ordered abatement of the suit in respect of the relief of partition, but directed the suit to continue in respect of the relief under S. 4, Partition Act.

( 4 ) ASSAILING the order Mr. R. K. Mohanty, submitted that the relief under S. 4, Partition Act, would depend upon the relief of partition. The main relief not being available to be given, the consequential relief is not available to the plaintiff.

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