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2025 DAILYLAW 2991 (MAN)

LUPOKLUNGLU GANGMEI AND 8 OTHERS v. POUBI R NAGA AND 4 OTHERS

MC(FAO)/1/2025 · 2025-07-22

body2025

Judgment text

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1 IN THE HIGH COURT OF MANIPUR AT IMPHAL FAO No.1 of 2021 With MC(FAO) No.1 of 2025 With MC(FAO) No.2 of 2025 With MC(FAO) No.3 of 2025 Chaoba Kamei Kabui and 3 Ors. Petitioners Vs. Poubi R Naga and Anr. Respondent BEFORE HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR (ORDER) 23.07.2025. Learned counsel for appellant Mr. Th. Henba is present before the Court physically and learned counsel for respondents Mrs. N. Savitri is also present before the Court physically. Proceeding in MC(FAO) No.1 of 2025 has been filed seeking for condonation of delay of 16 days urging various grounds. Proceeding in MC(FAO) No.2 of 2025 has also been filed under Order 22 and Rule 9 of CPC and wherein in that application, seeking for setting aside the abatement of appeal against the appellant No.4 as stated therein under the various grounds. Proceeding in MC(FAO) No.3 of 2025 has also filed under Order 22 Rule 3 of CPC and whereby in that application seeking for consideration of the reasons stated therein and sought for bringing the LRs of the deceased appellant No.4 as a party in the proceeding in FAO. No. 1 of 2021. However, the aforesaid application has been appended with the written affidavit in detail and therefore, it is stated that the reason stating therein in affidavit respectively in the aforesaid application are JOHN TELEN KOM Digitally signed by JOHN TELEN KOM Date: 2025.12.03 23:40:07 -08'00' 2 found to be justifiable and also acceptable whereas Mrs. N. Savitri who is representing before the Court physically and also representing the respective respondents in the aforesaid proceedings whereby the said counsel in this matter submitted that she does not have any objection to the consideration of the aforesaid applications. Therefore, keeping in view the submission made by the learned counsel for the applicant/petitioner and also the submission made by the learned counsel for the respondent, it is deemed appropriate that the proceedings in MC(FAO) No.1 of 2024 and inclusive of MC(FAO) No.2 of 2025 and MC (FAO)No.3 of 2025 are hereby considered in the interest of justice. Consequently the condonation delay of 16 days and also setting aside the abetment of appeal against the appellant No.4 as stated therein and inclusive of bringing the LRs of the deceased appellant No.4 as a party in FAO No.1 of 2021 to participate in the matter are hereby allowed. Accordingly, these proceedings are hereby disposed of. The learned counsel for the applicant/petitioner in MC(FAO) No.3 of 2025 be permitted to carry out the amendment in the cause title of the proceeding in the FAO.No.1 of 2021 in respect of the LRs of the deceased appellant No.4 and further directed to produce the amended cause title of the LRs of the appellant No.4 in the aforesaid in FAO. No.1 of 2021 Accordingly, made an observation. List this matter on 21.08.2025. CHIEF JUSTICE Ab. Surjit 3