JUDGMENT :

S.C. Mohapatra, J. - In this Civil Revision petitioners have challenged the order dated 15.4.1982 of the trial Court finding that the appeal against the decree having abated, the further petition u/s 144, C. P. C. arising out of the suit in the execution proceeding also abates and it would not be competent in view of the restriction imposed u/s 4 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Act') to pass any further order as prayed for by the petitioners.

2. Executing a decree for recovery of possession of 11. 47 acres of land from the petitioners, plaintiffs obtained delivery of possession on 23.11.1978 through Court. After the delivery of possession, the judgment-debtors (petitioners) filed an application u/s 47, C. P. C. challenging the execution. This application was registered as Misc. Case No. 167 of 1978 in the Executing Court.

3. The petitioners had preferred an appeal in this Court against the decree. When the Misc. Case was pending, this Court passed an order on 13.5. 1980 u/s 4(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act that the appeal and the