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2025 DAILYLAW 1515 (MAN)

WANNEILEN SERTO REPRESENTED BY HIS LRS v. ADDL. CHIEF SECRETARY (FOREST AND ENVIRONMENT) AND 4 OTHERS

CRP(C.R.P. Art.227)/34/2022 · 2025-04-24

Civil Appealbody2025

Judgment text

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P a g e 1 | 3 Item No. 78 IN THE HIGH COURT OF MANIPUR AT IMPHAL CRP(C.R.P. Art. 227) No. 34 of 2022 1. Wanneilen Serto (Chief of Heichanglok Village), aged about 41 years, S/o Late Romeo Serto of Heichanglok Village under Kangvai Sub-Division, P.O. & P.S. Moirang, Churachandpur District. 2. Laishram Ratan Khuman, aged about 49 years, S/o Laishram Yaima Khuman of Kwakeithel Heinoukhongnembi Thokchom Leikai, P.O. Imphal, P.S. Lamphel, Imphal West District, Manipur. … Petitioners - Versus - 1. Addl. Chief Secretary (Forest and Environment), New Secretariat Building, Opposite Babupara Imphal. P.O. / P.S. Imphal, District Imphal West, Manipur. 2. The Principal Secretary (Forest & Environment), Government of Manipur, Sanjenthong, P.O. Imphal, P.S. Porompat, Imphal East District, Manipur. 3. The District Forest Officer (DFO), Bishnupur near Bishnupur District Hospital, P.O. /P.S. Bishnupur District, Bishnupur, Manipur. 4. The Deputy Commissioner, Churachandpur Mini Secretariat Building Tuibong, P.O./P.S. Churachandpur, Churachandpur District, Manipur. 5. Mr. S. Tocheison Kom (Chief of Khorentak Village, aged about 57 years, S/o S. Achung Kom of Khoirentak Khuman Village, P.O. / P.S. Moirang, Churachandpur District. … Respondents B E F O R E KHOIROM BIPINCHAND RA SINGH Digitally signed by KHOIROM BIPINCHANDRA SINGH Date: 2025.04.24 17:42:19 +05'30' P a g e 2 | 3 HON’BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR O R D E R 24.04.2025 [1] Heard Mr. S. Abung and Mr. L. Raju, learned counsel appearing for the petitioners, Mr. Sh. Yangya, learned senior counsel appearing for the respondents No. 1 to 4 and Mr. S. Tocheison Kom, appears in-person as respondent No. 5 through Video Conferencing. [2] This civil revision petition has been filed challenging the order dated 04.07.2022 passed by the Ld. District Judge, Churachandpur in Misc. Civil Appeal No. 2 of 2022 arising out of order dated 22.12.2021 passed in Judl. Misc. Case No. 36 of 2021 which arises out of Original Suit No. 15 of 2021. [3] The revision petitioners filed have filed an application under Order 39 Rule 1 CPC before the Trial Court for seeking temporary injunction, where the Trial Court has passed an order status-quo. Therefore, challenging the said order, respondent department has preferred Misc. Civil Appeal No. 2 of 2022 before the District Judge, Churachandpur. Vide order dated 04.07.2022, the District Judge, Churachandpur has vacated the interim order dated 22.12.2021 granted by the Ld. Trial Court namely, Civil Judge (Sr. Divn.), Churachandpur in O.S. No. 15 of 2021. Challenging the said order, the petitioners filed the present civil revision petition before this Court. [4] Though grounds have been raised in the present civil revision petition, the revision petitioners submits that at the time of admission of the present petition, vide order dated 16.08.2024, this Court passed an order by granting interim order that any work undertaken by the respondents at this stage would be subject to further orders in the revision, owing to the doctrine of lis pendens. P a g e 3 | 3 [5] Therefore, in the light of that, the learned counsel appearing for the revision petitioners submit that confirming the interim order, the Civil Judge (Sr. Divn.), Churachandpur was directed to dispose of the said suit being O.S. No. 15 of 2021 at the earliest. [6] The learned senior counsel appearing for the respondents submits that the said suit may be disposed of within a stipulated time passed by this Court. [7] Both the parties have no serious objection in disposing the said suit within a stipulated time fixed by this Court. [8] Under these circumstances, in view of the interim order granted by this Court, any construction work as undertaken by the official respondents shall be subject to the outcome of the decision taken in the said suit. [9] Therefore, as requested by both parties, this Court is of the considered view that the Ld. Civil Judge (Sr. Divn.), Churachandpur is directed to dispose of the trial of the said suit being O.S. No. 15 of 2021 without any further delay as early as possible within a period of 6(six) months from the date of receipt of a copy of this order. [10] With the above observation, the present civil revision petition stands disposed of. CHIEF JUSTICE Bipin