( 1 ) BY the order dated 23. 11. 1995 passed by the learned Civil Judge, Junior Division, Mau, in original Suit No. 1796 of 1995, the preliminary issue as to whether the suit for Injunction without any relief being sought for declaration on adjudication of title would abate by reason of section 5 (2) of the U. P. Consolidation of Holdings Act. 1953, (hereinafter referred to as the said Act) or whether such suit is barred before the civil court in view of Section 49 of the said act, was decided in favour of the plaintiffs " holding that the suit as framed was maintainable before the civil court. A revision being Civil Revision No. 16 of 1996 was preferred by the petitioner. By an order dated 18. 2. 1998 learned District Judge, Mau had dismissed the revision affirming the order of the learned Munslf. These two orders have been challenged through this writ petition.

( 2 ) SRI Navin Srivastava, learned counsel for the petitioner in support of the writ petition submitted that the relief of injunction is based on title and interest of the plaintiff in the land in respect of which a notification under Section 4 of the said Act has been issued and as such by reason of Sectio