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It is true that in terms of Section 19 of said Act of 1981 all proceedings including appeals and all proceedings in execution of orders passed in proceedings including appeals under the Calcutta Thika Tenancy Act, 1949, pending on 19th day of July, 1978 for the ejectment of thika tenants and 'Bharatias' stand abated with effect from 19th July, 1978 as if such proceedings, appeals or execution proceedings had never been made.

The maintainability of said provision under Section 19 of the Act of 1981 so far as it related to abatement of the ejectment decrees, appeals therefrom and execution cases came for consideration before a Special Bench of three Judges in the case of Lakshmimoni Das and others (supra). The same was discussed in para 66 of said judgment the relevant portion of which runs as follows:-

In view of the discussion made above I find no reason to interfere with the same. Accordingly, the revisional application is dismissed on contest but without cost. As the execution case is admittedly pending since 1965 for execution of an ejectment decree passed as far back as in 1964, I direct the learned executing court to dispose of the execution proceeding within 12 (twelve) weeks from the date of communication of the order without granting unnecessary adjournments to either side.