Extracted from the PDF above. The PDF is authoritative.
Serial No.11 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG
CRP. No. 38 of 2024
Date of Order: 21.05.2025 ____________________________________________________________ Shri Abdullah SK Vs. Smti Jyostna Bewa. Son of (L) Abdul Salam Sk,
Widow of Lutfur Rahman Khandakar Resident of Majerchar No.1,
of Majherchar No.1, Nayapara, Nayapara, P.S. Mahendraganj, P.S. Mahendraganj, South South West Garo Hills,
West Garo Hills, Meghalaya. Meghalaya.
…..PETITIOENR
…..RESPONDENT.
Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge
Appearance: For the Petitioner/Appellant(s) : Mr. D. Hynniewta, Adv.
For the Respondent(s)
: Mr. S. Sen, Adv.
Heard Mr. D. Hynniewta, learned Counsel appearing for the petitioner and Mr. S. Sen, learned Counsel appearing for the sole-respondent.
Being aggrieved by order dated 29-10-2024 passed in Misc. Case No. 13 of 2024 arising out of Title Suit No. 4 of 1997 by the Court of Assistant to Deputy Commissioner (J) South West Garo Hills, Ampati, the petitioner has preferred this petition before this Court praying for setting aside of the
order dated 29-10-2024 and for a direction to the Trial Court for framing of the two additional issues as issues No. 8 & 9 in addition to the six issues framed in the suit. The issues suggested by the petitioner reads as follows: -
“8. “Whether the suit is maintainable under law and fact?” 2025:MLHC:431
9. “Whether the suit is maintainable under the Meghalaya Land and Revenue Regulation as well as under the Specific Relief Act?”
Mr. S. Sen, learned Counsel appearing for the respondent, at the very outset, submitted that he has no objection to the prayer of framing of additional issues made by the petitioner. He submits that since the learned Trial Court while passing the order dated 29-10-2024 has partially allowed to add the second issue suggested by the petitioner, the addition of both the issues suggested by the petitioner will not prejudice the respondent. In view of the submission made by the learned Counsel for the respondent, without referring to the merits of the matter, this petition is
disposed of with a direction to the Trial Court to add the issues suggested by the petitioner as issue No. 8 & 9 in Title Suit No. 4 of 1997 and proceed to decide the matter in accordance with law.
Judge
Meghalaya 21.05.2025
“Biswarup PS” 2025:MLHC:431 Digitally signed by BISWARUP BHATTACHARJEE Date: 2025.05.21 17:57:25 IST