Page No.# 1/4 GAHC030003332025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/89/2025 Smt. Lucy Laldingngheti D/o Lianchungnunga R/o Vengthar Kolasib Mizoram VERSUS Sh. Lalrinawma Renthlei and Anr. S/o Thangfala (L) R/o Kualmawi Bilkhawthlir Kolasib District Mizoram 2:The Settlement Officer Land Revenue and Settlement Department Kolasib District Mizoram Advocate for the Petitioner : Mr. T Lalnunsiama Advocate for the Respondent : Mr. Johny L Tochhawng for R1 Linked Case No: RFA/21/2025 Smt. Lucy Laldingngheti D/o Lianchungnunga, R/o Vengthar, Kolasib, Mizoram VERSUS Page No.# 2/4 Sh. Lalrinawma Renthlei and Anr. S/o Thangfala (L), R/o Kualmawi, Bilkhawthlir, Kolasib District, Mizoram 2:The Settlement Officer Land Revenue and Settlement Department Kolasib District Mizora Advocate for the Petitioner : Mr. T Lalnunsiama Advocate for the Respondent : Mr. Johny L Tochhawng for R1 BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 25.11.2025 Heard Mr. J H Ricky Lalruatfela, learned counsel for the applicant/appellant. Also heard Mr. Johny L. Tochhawng, learned counsel for the opposite party/respondent No. 1 as well as Mrs. Vanneihsiami, learned Government Advocate, Mizoram for the opposite party/respondent No. 2. By way of this interlocutory application, the applicant is seeking stay of the operation of the impugned judgment and order dated 30.11.2024 and the impugned decree dated 09.12.2024 passed by the learned Civil Judge (Senior Division), District-Kolasib in Declaratory Suit No. 29/2021, pending the connected appeal, i.e., RFA No. 21/2025. The case of the applicant is that by the impugned judgment dated 30.11.2024 and decree dated 09.12.2024, the respondent/opposite party No. 1 has been declared as the legal owner of Periodic Patta No.501601/10/515 of 2008 and the opposite party/respondent No. 2 has been directed to make necessary changes in the Periodic Patta of the respondent/opposite party No. 1 to correctly reflect the location of the suit land. Page No.# 3/4 Mr. J H Ricky Lalruatfela, learned counsel for the applicant submits that the learned Trial Court while declaring the Periodic Patta of the plaintiff in the subject suit land as null and void relied upon the Duty Report dated 16.11.2022 submitted by the Settlement Officer, Land Revenue and Settlement Department, Kolasib, whereby the said Settlement Officer doubted that the NOC obtained is not proper. However, in the said report prepared pursuant to the Detailment Order dated 16.11.2022 issued by the Settlement Officer to the effect to verify whether this land, i.e., belonging to the respondent No. 1 and to the appellant/applicant over lapsed with each other or not, the Settlement Officer had overstepped the scope and ambit of the enquiry and hence, the learned Trial Court erred in law in relying upon the said report. Mr. Johny L. Tochhawng, learned counsel for the opposite party/respondent No. 1 in his usual fairness, submits that since the stay sought for by the applicant/appellant has nothing to do in his portion of the land, he has received no instruction to oppose to the same. Mrs. Vanneihsiami, learned Government Advocate, Mizoram for the opposite party/respondent No. 2 also similarly submits that she has received no instruction to oppose to the prayer for stay. Having heard the learned counsels for the parties and having perused the Detailment Order dated 16.11.2022 and the Duty Report dated 16.11.2022, vis-a-vis, finding of the learned Trial Court, this Court finds prima facie substantial ground of appeal and accordingly, stays the operation of the impugned judgment and order dated 30.11.2024 and impugned decree dated 09.12.2024 passed in Declaratory Suit No. 29/2021, pending adjudication of the connected appeal. Page No.# 4/4 With the above observations, this interlocutory application, stands allowed and disposed of. JUDGE Comparing Assistant