makes it clear that suit or proceeding for declaration of right, title and interest over the land situated within the consolidation area shall abate during pendency of the consolidation operation. Admittedly, CS No.4133 of 2014 is not for declaration of right, title or interest. It is filed for permanent injunction simplicitor. Merely because the Court has to incidentally go into the question of title while adjudicating a suit for injunction, that cannot be a ground either to stay the proceeding of the suit or abate the same during consolidation operation. It is more so because in a suit for permanent injunction no declaratory relief for right, title or interest can be granted. Moreover, in the present case, the prayer for stay of further proceedings of the suit does not fall within the scope of Section 10 of C.P.C., as no such case is made out. The Petitioner-Defendant simply prayed for stay of further proceeding of the suit on the basis of provisions under Section 4(4) of the Consolidation Act. It further appears that the Defendant/ Petitioner had already examined two witnesses by the time the impugned order was passed. In that view of the matter, learned trial Court has committed no illegality in refusing to grant stay of further proceeding of the suit. Hence, I am not inclined to interfere with the impugned order.
