This case has came up in the additional cause list. Learned counsel for the caveator has sent an illness slip today.
It is the case of the petitioner that proceedings under Section 42 were initiating after close of consolidation operations by issuance under Section 52 of the Consolidation of Holdings Act. This objection has been wrongly entertained and by the impugned order possession on the spot is sought to be disturbed which is not permissible in proceedings under Section 42. It is further the case of the petitioner that the demarcation on the spot is going to take place any day now and he prays for interim protection.
In view of the illness slip, is directed the matter may come up on 3rd March, 2014.
However in the meantime, it is provided that till that date (3.3.2013) the order impugned shall not be given effect to the spot. It is made clear that this interim order will not be extended without hearing the parties.
Order Date :- 27.2.2014 Priyanka