Section 4(4) in The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972
(4)every suit and proceedings for declaration of any right or interest in any land situate within the consolidation area in regard to which proceedings could be or ought to be started under this Act, which is pending before any Civil Court, whether of the first instance or appeal, reference or revision shall, on an order being passed in that behalf by the Court before which such suit or proceeding is pending,stand abated;Provided that no such order shall be passed without giving the parties concerned an opportunity of being heard;[Provided further that on the issue of a notification under sub-section (1) of section 5 in respect of the said area or part thereof -(a)every order passed by the Court under clause (4) in relation to the lands situate in such area or part thereof, as the case may be, shall stand vacated; and(b)all such suits and proceedings as are referred to in clause (3) or clause (4) which related to lands situate in such area or part thereof, as the case may be, shall be proceeded with and disposed of in accordance with the law as if they had never abated;]Provided also that such abatement shall be without prejudice to the right of the person affected to agitate the right or interest which formed the subject matter of the said suit or proceeding, before the proper consolidation authority in accordance with the provisions of this Act or the rules made there under.
