JUDGMENT :

S.C. Mohapatra, J,

1. This Civil Revision by the Plaintiff arises out of an order of the appellate Court u/s 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the Act').

2. Suit is for declaration of title and recovery of possession in respect of a homestead in a consolidation area. There is no dispute that suit involving right, title and interest shall abate in respect of land including homestead in a consolidation area, if an order is passed by the Court.

3. In respect of homestead only land registers are prepared and the same is not consolidable land. If the title of the Plaintiff is decided by the authorities under the Act, he would have to file another suit for recovery of possession since possession cannot be given under the Act, Complications any arise in view of Section 26 of the Limitation Act read with Article 54 or 65 of the Schedule thereof. While passing the order of batement, Civil Court is to keep this in mind so that object of the Act is not defeated and parties are not prejudiced. In situation like this Civil Court ought not to pass an order of abatement but should stay trial of the sui