JUDGMENT O.P. Saxena, J. - The suit was filed for a permanent injunction and damages restraining the defendants from interfering with the possession of the plaintiff over plot no. 485 situated in Nagla Chamroo, Pargana Dadri, district Bulandshahr. The suit was decreed by the II Additional Munsif, Bulandshahr. Civil Appeal No. 289 of 1974 was filed by the defendants appellants. On 10-7-1975, Additional Civil Judge, Bulandshahr allowed the appeal and set aside the judgment and decree passed by the court below. The suit was dismissed with costs. On 5-8-1975. the plaintiff-appellant filed second Appeal (No. 1194 of 1975) against the judgment and decree passed by the Additional Civil Judge, Bulandshahr. The appeal was admitted on 10-9-1975. It was dismissed by this Court on 16-3-1983. 2. Consolidation proceedings had taken place in village Nagla Chamru, and Notification No. 4545/G-33-54 dated 22-6-1960 had been published under Section 52 of the U.P. Consolidation of Holdings Act. On 13th May 1980, it 4-A of the U. P. Consolidation of Holdings Act. Notification No. 3980/G-173-80 dated 10-7-1980 was issued. It was published in the Gazette dated 30-8-1980 on page 2018 of Part I (Ka). This Gazette Notification had been made during the pendency of the second Appeal The second Appeal was liable to be abated under Section 5 (2) of the U.P. Consolidation of Holdings Act. 3. This fact was not brought to the notice of this Court at the time of the decision of the appeal, the appeal was decided on merits. 4. This order is liable to be recalled as the appeal stood abated on 30-8-1980, and it could not be disposed of on merits. 5. The application is allowed, and the order dated 16-3-1983 dismissing the appeal is recalled. It is declared that the appeal and the suit stood abated with effect from 30-8-1980.