V. K. MEHROTRA, J.

( 1 ) THIS appeal arises out of proceedings under Section 144, C. P. C. The necessary facts are these: subh Narain and his two brothers, who are the first three respondents in this appeal, filed Suit no. 359 of 1961 against Mansa Tewari and two others, the present appellants, and Vishwa Nath and others, who have been impleaded as respondents second set, for possession over some agricultural plots. The suit was decreed by the trial court and that decree was upheld by the lower appellate court. The present appellants filed a Second Appeal in this Court. In the appeal they also moved an application praying that their ejectment be stayed during the pendency of the appeal On condition that a sum of Rs. 300 was deposited by the 15th of July each year beginning from July, 1965, this court stayed their ejectment, A sum of Rs. 1,500 in all was deposited in pursuance of that order.

( 2 ) DURING the pendency of the Second Appeal, the area in which the plots in dispute were situate, became subject to consolidation operation under the provisions of the U. P. Consolidation of holdings Act, On December 10, 1969 an order was passed by this court abating the appeal and the suit.

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