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2025 DAILYLAW 1429 (MEG)

SMTI. REINU DEVI v. SHRI. GOVIND UPADHAYA AND 5 ORS.

CRP/40/2024 · 2025-06-06

B Bhattacharjee

body2025

Judgment text

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Serial No.18 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG CRP No. 40 of 2024 Date of Order: 06.06.2025 ____________________________________________________________ Smti Reinu devi D/o (L) Dhaka Kumari Upadhaya R/o Nihal Vihar, New Delhi Pin-110041. ……Petitioner. Vs. 1.Shri. Govind Upadhaya S/o (L) Dhaka Kumari Upadhaya R/o Lumsohphoh, Upper Lumparing Near Buddhist Temple, Shillong East Khasi Hills District, Meghalaya. Pin – 793004. 2. Shri. Arjun Upadhaya S/o (L) Dhaka Kumari Upadhaya R/o Lumsohphoh, Upper Lumparing Near Buddhist Temple, Shillong East Khasi Hills District, Meghalaya. Pin – 793004. 3. Shri Lochan Upadhaya S/o (L) Dhaka Kumari Upadhaya R/o Lumsohphoh, Upper Lumparing Near Buddhist Temple, Shillong East Khasi Hills District, Meghalaya. Pin – 793004. 4. Shri Bhim Upadhaya S/o (L) Dhaka Kumari Upadhaya R/o Lumsohphoh, Upper Lumparing 2025:MLHC:477 Near Buddhist Temple, Shillong East Khasi Hills District, Meghalaya. Pin – 793004. 5. Smti Suprova Upadhaya S/o (L) Dhaka Kumari Upadhaya R/o Lumsohphoh, Upper Lumparing Near Buddhist Temple, Shillong East Khasi Hills District, Meghalaya. Pin – 793004. 6. Syiem/Acting Syiem Office of the Syiem of Hima Mylliem, Mawkhar Shillong – 793002, Meghalaya. ……Respondents. Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Mr. S. Panthi, Adv. Ms. P. Yadav, Adv. For the Respondent(s) : Mr. N. Syngkon, Adv. (R: 2) Ms. N. Kharshemlong, Adv. (R: 3 & 4) Mr. W. Jyrwa, Adv. (R: 6) ORAL: - Heard Mr. S. Panthi, learned Counsel appearing for the petitioner, Mr. N. Syngkon, learned Counsel appearing for the respondent No.2, Ms. N. Kharshemlong, learned Counsel appearing for the respondents No.3 & 4 and Mr. W. Jyrwa, learned Counsel appearing for the respondent No.6. This revision petition has been filed by the petitioner challenging the order dated 19-12-2024 passed in Misc. Case No. 134 of 2024 arising out of Title Suit No. 23 (T) 2022 pending in the Court of Assistant to Deputy 2025:MLHC:477 Commissioner (Judicial) Shillong whereby the learned Trial Court declined to pass any effective order without hearing all the parties. By order dated 27-12-2024 passed in this revision petition a direction was issued restraining further construction work by the respondent No.2 within the suit land till the disposal of the Misc. Case No. 134 of 2024 by the Trial Court. None of the respondents herein have come forward to seek vacation/modification/alteration of the above order. Today, at the hearing, it is submitted by the learned Counsel for the parties that the Misc. Case No. 134 of 2024 is coming up on 15-07-2025 for final disposal before the Trial Court. In view of the above, there hardly remains anything to be decided in this revision petition. The parties may raise their respective pleas before the Trial Court at the time of hearing of Misc. Case No. 134 of 2024. The learned Trial Court shall make an endeavor to dispose of the Misc. Case No. 134 of 2024 at the earliest without granting any unnecessary adjournment in the matter. It is made clear that this Court has not gone into the merits of the matter. The learned Trial Court shall dispose of the Misc. Case No. 134 of 2024 on its merits in accordance with law. With the above, the revision petition stands disposed of. Judge Meghalaya 06.06.2025 “Biswarup PS” 2025:MLHC:477 Digitally signed by BISWARUP BHATTACHARJEE Date: 2025.06.06 16:25:48 IST