Page No.# 1/3 GAHC030004722025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/29/2025 Smt. Zorinpuii D/o Sh. Zarmawia (L) R/o Chite Veng Aizawl VERSUS Smt. Vanlalthani W/o Sh. Zarmawia (L) R/o Chite Veng Aizawl Advocate for the Petitioner : K Remruatfela Advocate for the Respondent : Mr. Lalbiaknunga Hnamte B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 15.01.2026 On the disposal of I.A (C) 118/2025 allowing the condonation of delay application, heard Mr. K. Remruatfela, learned counsel for the appellant. Page No.# 2/3 2. The learned counsel submits that, the instant appeal filed under order 41 r/w Section 96 of the Civil Procedure Code, 1908 r/w Section 17 (3) of the Mizoram Civil Code Act 2005 is for setting aside the impugned order dated 12.06.2023 in Heirship Certificate Application No. 835/2023 issuing Heirship Certificate No. 835/2023 to the respondent in respect of LSC An-740/1989 located at Chite veng, Aizawl, by the learned court of Civil Judge (Senior Division-II), Aizawl District. The learned counsel submits that, the impugned Heirship Certificate was issued to the respondent without the issuance of any notice while the appellant being the daughter of the deceased Shri. Zarmawia (L) is the legal and rightful owner of the landed property covered by LSC No. An-740/1989 located at Chite veng, Aizawl. The learned counsel submits that, the appellant has been in lawful occupation of the said landed property since her father Shri. Zarmawia (L), during his life time had verbally allotted the said land to the appellant in the year 2002 for her permanent settlement. He submitted that, the appellant and her family resided in the said landed property for over 20 years and hence the instant appeal. 3. Issue notice to the sole respondent Mr. Lalbiaknunga Hnamte, learned counsel accepts notice on behalf of the sole respondent. 4. No need to issue formal notice. 5. Mr. Lalbiaknunga Hnamte, learned counsel for the sole respondent submits that the appellant has no Locus Standing to file the instant appeal since she is not the daughter of the deceased Mr. Zarmawia (L), as claimed by her. 6. Appeal is admitted. 7. This court on considering the submissions made by the learned counsels for both the parties, finds that since the impugned order dated 12.06.2023 was Page No.# 3/3 issued without issuance of any notice to the appellant, and the appellant was not given the opportunity of being heard, finds it appropriate to allow the instant appeal and set aside the impugned order dated 12.06.2023 in Heirship Certificate No. 835/2025 by remanding the matter back to the learned Trial court for giving an equal opportunity to both the parties of being heard and adduced their evidences. It is observed that, the submissions made by the learned counsels for both the parties are questions of fact which can only be considered after both the parties adduce their evidence before the learned Trial court. 8. Accordingly, the impugned order dated 12.06.2023 stands set aside and quashed and both the parties are to appear before the learned Trial court on 17.02.2026 for further necessary steps. 9. RFA No. 29/2025 stands disposed of as above. JUDGE Comparing Assistant