The main legal point established in the judgment is that the commencement of consolidation proceedings under Section 5(2) of the U. P. Consolidation of Holdings Act, 1953, can lead to the abatement of pending suits and proceedings involving the determination of rights or interest in land.

( 1 ) THIS is second appeal against the judgment and order dated 10. 2. 1987, passed by Additional civil Judge, Sitapur, reversing the judgment and decree dated 12. 8. 1985, passed by Munsif, biswa.

( 2 ) THIS appeal stems out of a suit filed by Ram Dei, substituted by her heir plaintiffs-appellants on her death, for cancellation of Will deed dated 4. 4. 1983. The parties to the suit are related as per pedigree given in the plaint. Gajodhar Prasad deceased was the brother of Ram Dei and defendant-respondents are married daughters of Sarjoo Prasad pre-deceased brother of Gajodhar prasad.

( 3 ) CASE of the plaintiff-appellant is that on the death of Sarjoo Prasad his share in the property was inherited by Gajodhar Prasad and on the death of Gajodhar Prasad who was living with Ram dei the property devolved on her as Gajodhar Prasad was issue-less. The Ram Deis name was mutated also but later on defendants-respondents set-up a Will allegedly executed by Gajodhar prasad in their favour.

( 4 ) THE Will was challenged on the ground that same was not executed by Gajodhar Prasad during his life-time and that after the death of Gajodhar Prasad, defendants-respondents prepared the said Will in collusion with the witnesses. It was alleged that the Will does not bear signature of gajodhar Prasad.

( 5 ) THE suit was contested by defendants-respondents and allegations of the plaintiff-appellant were repelled. Plea of jurisdiction was also taken and it was asserted by defendants-respondents that suit ought to have been filed in revenue court.

( 6 ) THE suit was decreed by the learned trial court. The same was held also to be cognizable by civil court and not by revenue court. However, on appeal preferred by defendants-respondents, learned appellate court reversed the judgment and decree of the trial court and the suit was dismissed.

( 7 ) DURING pendency of second appeal the consolidation proceedings have commenced in the village. Notification under Section 4 (2) of U. P. Consolidation of Holdings Act, 1953 (hereafter referred to as act) has been admittedly issued during pendency of appeal. Due to commencement of consolidation proceedings defendants-respondents have made application being C. M. A. No. 1145 (S) of 2003 for abatement of the second appeal under Section 5 (2) of the act. Contention of defendants-respondents in regard to abatement of second appeal and proceedings, has been contested by plaintiff-appellants.

( 8 ) I have heard learned Counsel for the parties.

( 9 ) LEARNED Counsel for the appellant although has not disputed publication of the notification under Section 4 (2) and commencement of the consolidation proceedings but has stated that since the civil court alone has jurisdiction for cancellation of a Will deed, as has been held by the courts below also, the appeal will not abate. Learned Counsel for the parties on either side cited various judgments in support of their case.

( 10 ) SECTION 5 (2) of the Act, for convenience sake, is extracted below :

5. Effect of notification under Section 4 (2 ).-- (1 ). . . . (2) Upon the said publication of the notification under Sub-section (2) of Section 4 the following further consequences shall ensue in the area to which the notification relates, namely : (a) every proceeding for the correction of records and every suit and proceeding in respect of declaration of rights or interest in any land lying in the area, or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any Court or authority whether of the first instance or of appeal, reference or revision, shall, on an order being passed in that behalf by the Court or authority before whom such suit or proceeding is pending stand abated : provided that no such order shall be passed without giving to the parties notice by post or in any other manner and after giving them an opportunity of being heard : provided further that on the is