Ram Krishna Chaudhary v. Sita Devi

CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

#07. 09-08-2012 Mr. Bhavesh Kumar, learned counsel for the petitioner and Mr. Shri Prakash Shrivastava, learned counsel appearing for the opposite parties are present. This Civil Revision is directed against the order dated

17.01.2009 passed by learned Civil Judge, Junior Division-2nd , Samastipur in Title Suit No. 6 of 2008, whereby on a petition filed on behalf of the opposite parties, the learned court below has held the suit having abated in terms of Section 4(C ) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 . A supplementary affidavit has been filed today enclosing an information provided by the Department of Revenue and Land Patna High Court C.R. No.261 of 2009 (7) dt.09-08-2012 2 Reforms, Government of Bihar under the Right to Information Act and whereunder it has been mentioned that no consolidation proceedings is continuing at Mauza Laguniya Raghukanth, P.S. 195, Circle-Samastipur, District-Samastipur. Learned counsel thus submits that in view of the said position the order impugned cannot be sustained. The position is admitted by learned counsel appearing for the opposite parties. In the result, the order impugned dated 17.01.2009 is quashed and set aside. As the suit is of the year 2008, learned Trial court would consider and dispose of the suit expeditiously and in accordance with law. The Civil Revision application stands allowed. S.Sb/- (Jyoti Saran, J)