The State of Mizoram and 2 Ors. v. Sh. Engmawia and Anr.
I.A.(Civil)/189/2025 · 2026-01-26
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2149 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2149 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC030007202025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/189/2025 The State of Mizoram and 2 Ors. Represented by the Chief Secretary to the Government of Mizoram, Aizawl 2: The Secretary to the Government of Mizoram Public Works Department Aizawl 3: The Engineer-in-Chief Public Works Department Mizoram Aizaw VERSUS Sh. Engmawia and Anr. S/o Rokunga (L), R/o N. Chaltlang, Kolasib 2:Sh. Thangnghinluaia S/o Hnawta R/o N. Chaltlang Kolasib Distric Advocate for the Petitioner : Mr. C Lalfakzuala Advocate for the Respondent : Mr. P C Lalthangmawia Linked Case : RFA/47/2025 The State of Mizoram and 2 Ors. Represented by the Chief Secretary to the Government of Mizoram
Page No.# 2/3 Aizawl 2: The Secretary to the Government of Mizoram Public Works Department Aizawl 3: The Engineer-in-Chief Public Works Department Mizoram Aizawl VERSUS Sh. Engmawia and Anr. S/o Rokunga (L) R/o N. Chaltlang Kolasib District 2:Sh. Thangnghinluaia S/o Hnawta R/o N. Chaltlang Kolasib District Advocate for the Petitioner : Mr. C Lalfakzuala Advocate for the Respondent :
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
ORDER
27.01.2026 Heard Mr. Lalfakzuala, learned counsel for the applicant. Also heard Mr. P.C. Lalthangmawia, learned counsel for the respondent. This is an application filed under Section 41, Rule 5 CPC for stay of the impugned Judgment & Order dated 11.09.2025 passed by the learned Fast Track Court and the Addl. District & Sessions Judge, Aizawl in Judicial District, Kolasib and also the Order attachment dated 11.09.2025, passed in
Page No.# 3/3 Execution Petition No. 01/2025 arising out of L.A Case No. 15/2015. In pursuance to Order dated 28.10.2025, the present petitioner have already paid the half of the compensation amount of Rs. 8,32,818/- (Rupees Eight lakhs Thirty two thousand Eight hundred Eighteen only) before the learned Executive Court and to that effect the Order cum Certificate issued by the Joint Director (Finance & Account) Engineering-in- Chief PWD, Mizoram, Aizawl and along with this the SBI account check no. is also filed whereby, it is seen that Rs. 1,71,12,721/- (Rupees One crore Seventy One lakhs Twelve thousand Seven hundred twenty one only) has already been deposited in connection with 5 nos. of I.A. (Civil) wherein the present case is also connected with I.A. (Civil) 189/2025. Mr. P.C. Lalthangmawia, learned counsel for the respondent, submitted that he has no objection if order of stay will be passed as the money has already been deposited by the petitioner. In view of this, the
Judgment & Order passed by the learned Fast Track Court cum Addl. District Judge, Aizawl and District Court, Kolasib and the order of attachment dated 11.09.2025 be stayed in connection with Execution Petition No. 1/2025 arising out of L.A No. 15/2015, till the next disposal of connected RFA No. 47/2025. With the above observation, the present I.A. (Civil) No. 189/2025 stands disposed of.
JUDGE Comparing Assistant