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2025 DAILYLAW 1367 (MEG)

LORINA JYRWA NONGSIEJ v. IBALARI LYNGDOH

MC(CRP)/26/2024 · 2025-02-19

W Diengdoh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Serial No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG MC(CRP) No. 26 of 2024 in CRP No. 36 of 2024 Date of Decision: 19.02.2025 Smti. Lorina Jyrwa Nongsiej, D/o Smti. J. Nongsiej R/o Langkyrding East Khasi Hills District, Meghalaya ..…Petitioner -VERSUS- Ibalari Lyngdoh D/o (L) R.F. Kharbuki R/o Mawlai Mawiong, Shillong East Khasi Hills District, Meghalaya ……Respondent Coram: Hon’ble Mr. Justice W. Diengdoh, Judge Appearance: For the Petitioner/Appellant(s) : Ms. S. Nongsiej, Adv. For the Respondent(s) : Mr. P. Yobin, Adv. Ms. B. Ramsiej, Adv. i) Whether approved for reporting in Yes/No Law journals etc.: ii) Whether approved for publication in press: Yes/No 2025:MLHC:93 2 ORDER (ORAL) In view of the submission made by the learned counsel for the petitioner with the crux of the matter to be decided is to the maintainability of the suit, the plaint filed being questioned, therefore by virtue of the order passed by the first appellate court, the matter would proceed in regular course before the trial court. As such, at this point of time, before this Court takes up the main petition for consideration, the proceedings before the trial court may be stayed. Mr. P. Yobin, learned counsel for the respondent has strongly opposed the prayer made on the ground that the impugned order has specifically dealt with two main issues, that is, the application of the Limitation Act as far as the said proceedings are concerned and secondly, the finding as to the cause of action which according to the first appellate court, the plaint was filed well within the period of limitation as such, no prejudice will be caused to the petitioner/defendant if the matter proceeds before the trial court. In view of the submission made, since this Court is to consider the impact of the impugned order on the suit filed before the trial court, therefore, at this juncture it would be fit and proper for the proceedings of the said trial to be stayed. Accordingly, the said proceedings before the trial court is stayed until further order of this Court. Petition disposed of. Judge 2025:MLHC:93 Digitally signed by TIPRILYNTI KHARKONGOR Date: 2025.02.19 16:55:34 PST