PRAKASH KRISHNA,J. - (1.) THE dis­pute relates to Plots No. 240 and 241 area 4.904 situate in village Charha, District Azamgarh. The said village had been un­der the consolidation operation. The peti­tioner filed an objection claiming himself the grove holder and bhumidhar of the plots. The said claim was contested by the contesting respondent No. 2 herein, who died during the pendency of the present petition. The law as was prevailing then, the matter was referred to an Arbitrator through Civil Judge. The Arbitrator gave an award in favour of the petitioner and the two proforma respondents Nos. 7 and 8. Against the said award the contesting respondent No. 2 preferred objections which were ultimately rejected by the Civil Judge vide judgment and order dated 28th of August, 1979 passed in C.H. Reference No. 579 of 1980. The matter was carried in appeal by Daya Shankar and two others being Civil Misc. Appeal No. 154 of 1979 which came up for consideration before the IIIrd Additional District Judge, Azamgarh. During pendency of the said appeal, the village was again notified for consolidation under sub-section (2) of section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act"). An application purporting to be un­der section 5 of the aforesaid Act was filed by Daya Shankar who was appellant for abatement of the appeal, in view of the fact that the village again has been notified un­der section 4(2) of the Act, for consolida­tion.
(2.) THE court below by the impugned order dated 24th August, 1982 in view of section 5 of the aforesaid Act declared the entire proceedings including the appeal, as abated. Challenging the said order, the pre­sent writ petition has been filed. Heard learned counsel for the parties and perused the record.
(3.) THE facts are not much in dispute and almost admitted. The only question mooted in the present writ petition is:;