AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. M.F. Qureshi, learned counsel for the petitioners as well as Mr. T.T. Diengdoh, learned Sr. counsel assisted by Mr. K. Barua,
learned counsel for the respondents.
The brief fact of the petitioner''s case in a nutshell is that:
The Petitioners instituted a suit registered as Title Suit No. 12 of 2016 against the Respondents for declaration of their right, title and
interest over the landed property situated at Mawspong Village and Mawphu 16 Villages, Sohra Syiemship.
The Petitioners also filed an application under Order 39 Rule 1 and 2 CPC for grant of injunction against the Respondents registered
as Misc. Case No. 14 of 2016. The learned Subordinate District Council Court vide order dated 19.04.2016 granted ad-interim
injunction in favour of the Petitioners after recording its full satisfaction with regard to the prima facie case, balance of convenience
and irreparable loss and by virtue of the said injunction order dated 19.04.2016 the Respondents were restrained from selling,
transferring, encroaching, occupying, trespassing, damaging and extracting any valuable materials from the said property or disturbing
the peaceful possession or cause harm or injury to the landed property situated at Mawspong village and Mawphu 16 villages Sohra
Syiemship known as (L) Mihlah Rynjah (Phanwanjah)/ measuring an area of 1,50,00,000 Sq.m approximately. The said interim
injunction order dated 19.04.2016 was made absolute by the learned Trial Court under Order dated 28.06.2016 consequent upon
failure by the respondents to file show cause.
The Respondents thereafter filed an application before the Judge, District Council Court, Shillong registered as Misc. Civil Appeal
No. 10 of 2016. The learned Judge of District Council Court admitted the appeal however while acting in a very casual and
mechanical manner stayed the operation of the injunction order dated 19.04.2016 and 28.06.2016 passed by the Learned Trial
Court till the disposal of the appeal.
The Learned Appellate Court ought not to have stayed the order of injunction so lightly without giving an opportunity of hearing to the
Petitioners moreover, the impugned order dated 21.02.2017 passed in Misc. Civil Appeal No. 10 of 2016 does neither contain any
reason nor is a speaking order which shows that the learned Appellate Court failed to apply its Judicious mind in passing the stay
order. Hence this petition is filed challenging the validity of the impugned order which is liable to be set aside and quashed.
The learned counsel for the petitioners submits that the petitioners are enjoying the ancestral property, but there was apprehension in their minds
that the respondent may trespass and remove the petitioners from the suit premises, so the petitioners filed a Title Suit bearing T.S. Case No. 12 of
2016 along with Misc. Case No. 14 of 2016. The learned Trial Court after hearing the matter passed an order restraining the respondent to enter
the suit premises and ultimately was made absolute as the respondent failed to enter appearance. As a consequence, the respondent filed an appeal
bearing Misc. Civil Appeal No. 10 of 2016 before the appellate Court and the same was heard in the absence of the petitioners and set aside the
stay order. Hence, this petition before the Court.
On the other hand, the learned Sr. counsel for the respondents submits that due to some unavoidable circumstances, the respondent could not
enter appearance before the learned Trial Court, therefore, an ex-parte order was passed and subsequently, it was made absolute which then
compelled the respondent to move an appeal and the appellate Court set aside the ex-parte order passed by the original Court. Both the learned
counsels agreed that this is a fit case which needs to be remanded back to the District Council Court, Shillong for hearing both the parties.
After hearing the submissions advanced by the learned counsel for the parties, I am of the considered view that the matter needs to be heard
afresh giving full and equal opportunity to both the parties.
Accordingly, the impugned order dated 21.02.2017 passed in Misc. Civil Appeal No. 10 of 2016 is hereby set aside and the matter is
remanded back to the learned original Court of trial with a direction to hear the matter afresh giving full and equal opportunity to both the parties.
In the meantime, none of the parties are allowed to alter the suit premises or to change the structure in any manner till the matter is ceased by the
trial Court. The Court is directed to issue notice to both the parties.
The Registry is directed to transmit the Lower Court case record to the concerned Court along with a copy of this judgment and order
immediately.
With this observation and direction the petition stands disposed of.