Page No.# 1/3 GAHC030005782023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/38/2023 Sh. P.C. Lalthlamuana S/o Lalngaia (L), R/o Zemabawk, Aizawl, Mizoram VERSUS Smt. Vanlalruatsangi and Anr. D/o Muanzuala (L), R/o Zemabawk North, Aizawl, Mizoram 2:The Secretary Land Revenue and Settlement Department Government of Mizora Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : Mr. J H Ramneihmawia for R1 ORDER B E F O R E Hon’ble MRS. JUSTICE YARENJUNGLA LONGKUMER 21.03.2025 Heard Mr. Lalfakawma, learned counsel for the appellant. Also, heard Mr. J.H. Ramneihmawia, learned counsel for respondent No. 1 and Ms. Vanneihsiami, learned Govt. Advocate for respondent No. 2. 2. This RFA No. 38 of 2023 has been filed under Order 41 Rule 1 and Page No.# 2/3 Section 151 of the CPC 1908 r/w Section 17 of the Mizoram Civil Courts Act, 2005 against the Order dated 25.11.2020 passed by the Court of the Senior Civil Judge-III, Aizawl in Heirship Certificate Application No. 1135/2020 including Heirship Certificate dated 25.11.2020 bearing Memo No. 511 SCJ (A)-III/2020 issued to the respondent No. 1 persuant to the said Order dated 25.11.2020. 3. The limited prayer of the appellant in the present case is that the respondent No. 1 herein had applied for an Heirship Certificate in respect of the LSC No. CAD-1496 of 2012 left behind by Smt. Lalrinthangi before the Court of Senior Civil Judge, Aizawl which was registered as Heirship Certificate Application No. 1135 of 2020. The affidavit page of the Heirship Certificate Application which is at page 18 in the Appeal Memo was submitted on 25.11.2020. Persuant to the application, the impugned Heirship Certificate was issued to the respondent No. 1 on the very same date i.e. 25.11.2020 without issuing any notice to the present appellant who is the son of the deceased Smt. Lalrinthangi. 4. The appellant has therefore prayed that the matter may be remanded back to the learned Court below and that he may be given an opportunity of being heard and to submit his written objection to the Heirship Application. 5. The learned counsels appearing for the respondents have no objection to the prayer of the appellant in the present Appeal Memo. The Order dated 25.11.2020 passed in Heirship Certificate Application No. 1135 of 2020 and the Heirship Certificate dated 25.11.2020 are hereby quashed and set aside. Accordingly, the appeal is allowed. The matter is remanded back to the Court of the Senior Civil Judge-III, Aizawl. Page No.# 3/3 6. The learned trial Court is directed to hear the matter afresh after giving an opportunity to the present appellant and after hearing both the parties. 7. The parties shall appear before the learned Trial Court on 01.04.2025. JUDGE Comparing Assistant