Page No.# 1/4 GAHC030003152025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./1/2025 Smt. Lalhriattiri D/o R. Zamawii R/o Zemabawk Aizawl, Mizoram VERSUS Sh. Rosangliana and 6 Ors. S/o Lianhmingthanga(L) R/o Dawrpui, Aizawl Mizoram 2:Sh. Lalrinzuala S/o Rosangliana R/o Dawrpui Aizawl Mizoram 3:State of Mizoram r/b the Chief Secretary to the Govt. of Mizoram Aizawl 4:The Director Land Revenue and Settlement Department Govt. of Mizoram Aizawl 5:The Assistant Director (Survey) Land Revenue and Settlement Department Govt. of Mizoram Aizawl 6:The Settlement Officer Land Revenue and Settlment Department Aizawl District Aizawl Page No.# 2/4 7:The District Collector Aizawl District Aizaw Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : Addl. AG/GA, Mizoram for R3-5 B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 23.05.2025 Heard Mr. Lalfakawma, learned counsel for the petitioner, who has filed the transfer petition under Section 22 read with 23 of the Code of Civil Procedure, 1908 for transfer of Civil Suit No. 30 of 2022 from the Court of Civil Judge (Senior Division)-VI, Aizawl to any other Court of competent jurisdiction. The learned counsel submitted that the Civil Suit No. 30 of 2022 is for the declaration that the sale deed dated 03.11.2008 and ‘Ram Inleina’ dated 03.01.2008, allegedly made between the instant respondent No. 1/plaintiff and the applicant/petitioner are null and void. The Civil Suit is also for the cancellation of the transfer of the ownership of the lands covered by the LSC No. AZL-1509 of 1986 and the LSC No. AZL-173 of 1987 in the name of the applicant/petitioner and to revert the ownership of both the LSCs to the instant Respondent No. 1. Page No.# 3/4 The Suit was dismissed as barred by limitation and the aggrieved party had approached this Court in an appeal registered as RFA No. 7 of 2025, wherein this Court vide its Order dated 06.03.2025 had remanded the matter, Civil Suit No. 30 of 2022, back to the learned Trial Court with a direction to frame a preliminary issue on the point of limitation. In the meantime, there was a transfer and posting of the judicial officers and this case was endorsed to the Court of Civil Judge (Senior Division)-VI. The learned counsel submits that the present Civil Judge (Senior Division)- VI is a close relative of the present counsel, who is engaged as the counsel for the defendant No. 1 in the in Civil Suit No. 30 of 2022. Therefore, in the interest of justice, the transfer petition is filed for transfer of Civil Suit No. 30 of 2022 to any other Court having the jurisdiction to try the matter. Notice be issued to the respondents. Mr. B. Lalramenga, learned counsel accepts notice on behalf of the respondent Nos. 1 & 2 while Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General accepts notice on behalf of the respondent Nos. 2, 3 & 7. Since all the respondents are duly represented, no need to issue any formal notice. Page No.# 4/4 The learned counsels for the respondents submitted that they have no objection to the transfer petition made by the petitioner. In view of the above, this Court find it fit to dispose of the transfer petition at the motion stage, on finding that it will not be appropriate if the matter is tried by the learned Civil Judge (Senior Division)-VI being closely related to one of the counsels of the parties. Accordingly, the said Civil Suit No. 30 of 2022 stands transferred to Civil Judge (Senior Division)-I, Aizawl. Transfer Petition No. 1 of 2025 stands disposed of as above. JUDGE Comparing Assistant