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2025 DAILYLAW 2784 (MAN)

Majabut Pamei alias Lungjinrei Pamei alias Lungjinmei Pamei v. Angou Pamei

CRP(C.R.P. Art.227)/48/2025 · 2025-11-17

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 Item Nos. 9 & 10 IN THE HIGH COURT OF MANIPUR AT IMPHAL CRP(CRP.Art.227) No. 48 of 2025 With MC(CRP(CRP.Art.227)) No. 84 of 2025 Majabut Pamei Alias Lungjinrei Pamei Alias Lungjinmei Pamei Petitioner/s Vrs. Angou Pamei Respondent/s BEFORE HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR (ORDER) 18.11.2025 This order will now dispose of the captioned ‘Civil Revision Petition’ (‘CRP’ for the sake of brevity) and the captioned miscellaneous case (MC) for the sake of brevity thereat. [2] In the hearing today, Mr. D. Julius Riamei, learned counsel for lone revision petitioner and Mr. Serto T. Kom, learned counsel for the sole respondent are before this Court. This Court, with the consent of both learned counsel took up the main CRP and heard out the same. [3] In the listing of the captioned CRP and MC therein on 09.10.2025, this Court made the following proceedings: ‘Captioned ‘CRP’ has been filed in this Court under Article 227 of Constitution of India. LAIREN MAYUM INDRAJ EET SINGH Digitally signed by LAIRENMAYUM INDRAJEET SINGH Date: 2025.11.19 18:20:51 +05'30' Page 2 2. The sole revision petitioner has filed a suit in Original Suit No.2 of 2024 on the file of learned Civil Judge (senior division), Tamenglong (Original Suit No.2 of 2024). This is a title suit. Pending title suit (to be noted the title is qua ‘Khullakpa’ of village, Longjang Thangal in Noney District). In suit, the plaintiff took out an application for injunction under Order 39 Rule 1 & 2 of Code of Civil Procedure, 1908 ( ‘CPC’ for the sake of brevity) but he was not successful therefore, the plaintiff carried the interlocutory application by way of an appeal under Order 43 Rule 1(r) of CPC to the Court of District Judge, Tamenglong District but the District Judge, Tamenglong has adverted to territorial jurisdiction about which a notification has been issued and held that as regards Noney District, Tamenglong District Court does not have territorial jurisdiction. 3. Assailing the aforesaid order, the plaintiff/revision petitioner is before this Court. 4. Issue notice to respondent in the main CRP and MC. 5. Notice returnable in three weeks i.e., returnable by 06.11.2025. 6. Private notice permitted. 7. List on 06.11.2025.’ The afore-referred 09.10.2025 proceedings shall now be read as an integral part and parcel of instant order. This also means that short forms, abbreviations and short references used in the earlier proceedings dated 09.10.2025 shall continue to be used in the instant order. Before proceeding further, this Court deems it appropriate to write that in earlier proceeding dated 09.10.2025 Orders ’XXXIX’ and ‘XLIII’ have been typed in international numerals as ‘39’ and ‘43’ whereas it has to be in Roman numeral. In other words ‘Order 39 Rules 1 & 2’ and ‘Order 43 Rule 1(r)’ occurring in paragraph No. 2 of previous proceedings should read as ‘Order XXXIX Rules 1 & 2’ and ‘Order XLIII Rule 1(r)’. The afore-referred 09.10.2025 proceedings capture necessary facts and circumstances that are imperative for appreciating instant order and the trajectory the matter has taken thus far. [4] A careful perusal of the order dated 12.09.2025 made by the District Judge, Tamenglong, Manipur, brings to light that it is in the nature of a return of Page 3 plaint order under Order VII Rule 10 of CPC. This ‘12.09.2025 order’ shall be referred to as ‘impugned order’ and ‘District Court, Tamenglong’ shall be referred to as ‘said Court’, both for the sake of convenience and clarity. [5] In the hearing today, in the light of submissions made by learned counsel on both sides, perusal of the case file and notifications that have been ferreted out by this Court, it comes to light that Revenue District of Noney was created by bifurcation and post-bifurcation, Government of Manipur issued a notification dated 27.06.2018 bearing reference No. 4/6/2017-Judl/L notifying that with effect from the date of bifurcation the territorial jurisdiction of Noney Revenue District will vest with District and Sessions Court, Imphal West. Thereafter, on 06.07.2022, a notification bearing reference No. 4/85/2022-Judl/L was issued by Government of Manipur (in consultation with the High Court of Manipur) establishing Tamenglong District Court with effect from 09.07.2022 and vesting Tamenglong District Court (to be noted ‘Tamenglong District Court’ is being referred to as ‘said Court’ in this order) with territorial jurisdiction qua Tamenglong Revenue District. Thereafter, in supersession of 06.07.2022 notification, another notification dated 15.07.2022 bearing reference No. 4/85/2022-Judl/L was issued changing the date of commencement of the Court/functioning of the Court from 09.07.2022 to 16.07.2022. This was followed by a notification dated 07.09.2022 bearing reference No. 3/9/72-Act/L(P1)/02 issued by the Government of Manipur establishing RTFCTLARAR Act, 2013 authorities. To be noted, ‘RTFCTLARAR Act, 2013’ is a short form reference to ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’. In this 07.09.2022 Page 4 notification, Presiding Officer of District Judge Imphal West has been notified as the authority under the RTFCTLARAR Act as regards Noney Revenue District. [6] This Court having set out the sequence in which the Noney Revenue District came into existence by bifurcation, establishment of Tamenglong District Court and vesting of territorial jurisdiction qua Noney Revenue District now deems it appropriate to write that in the impugned order said Court has adverted to afore- referred 06.07.2022 notification (establishing Tamenglong District Court w.e.f. 09.07.2022) and 07.09.2022 notification (establishing authorities under RTFCTLARAR Act,2013). However the said Court would have done well if it had referred to 15.07.2022 notification which supersedes the 06.07.2022 notification and the 27.06.2018 notification (post bifurcation) also. [7] If 15.07.2022 and 27.06.2018 notifications had also been adverted to, the impugned order would have been complete and comprehensive, nonetheless it continues to be correct and does not call for interference in exercise of the power of superintendence under Article 227. [8] This Court, for the purpose of convenience, clarity and future reference, deems it appropriate to extract and reproduce all four notifications in the calendrical progression/chronology in which they were issued. A scanned reproduction of the same are as follows: Page 5 Page 6 Page 7 Page 8 Page 9 [9] The impugned order, as already alluded to supra, though not complete/comprehensive and though it does not advert to 27.06.2018 and 07.09.2022 notifications, which are of utmost significance, is nonetheless correct, as Noney Revenue District Territorial Jurisdiction vests with District Court, Imphal West and not with said Court i.e., District Court, Tamenglong. [10] Both the learned counsel very fairly submitted that the afore-referred position is correct and it would now be appropriate for the District Court, Imphal West to take on file and hear out Misc. Civil Appeal No. 2 of 2025. In this regard, as this Court has already observed that the impugned order made by said Court is in the nature of a return of plaint order under Order VII Rule 10 of CPC, it is only appropriate that the said Court puts in place sub-Rule (2) of Rule 10 of Order VII too. In other words, the matter is now remitted to the said Court for the limited purpose of the said Court endorsing on the appeal namely Misc. Civil Appeal No. 2 of 2025 the date of its presentation, date of return and the name of the presenting party. As regards brief statement of the reasons for returning the appeal, the impugned order as elaborated and explained in instant order with relevant notifications will serve the purpose qua sub rule (2) of Rule 10 of Order VII requirements. Registry to transmit the entire records to said Court i.e., District Court, Tamenglong for compliance qua sub rule(2) of Rule 10 of Order VII of CPC. [11] Registry shall transmit the entire records to said Court i.e., District Court, Tamenglong within a fortnight from today i.e., on or before 02.12.2025. The said Court i.e., District Court, Tamenglong shall do the needful qua compliance with sub rule(2) of Rule 10 of Order VII of CPC within another fortnight therefrom i.e., on or before 16.12.2025. Thereafter, if the appellant/revision petitioner Page 10 presents the afore-referred appeal i.e., Misc. Civil Appeal No. 2 of 2025 in District Court, Imphal West, District Court, Imphal West, shall scrutinize the presentation in the context of the instant order, exclude the time spent in the captioned CRP i.e., the time from 19.09.2025 to 18.11.2025, take the appeal on file (if otherwise in order) and hear out the appeal on its own merits and in accordance with law, with due adherence to CPC as regards procedure. [12] Captioned CRP is disposed of in the aforesaid manner with aforesaid directives and observations. Consequently, captioned Misc. Case also perishes along with the main CRP. There shall be no order as to costs. CHIEF JUSTICE Indrajeet