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2025 DAILYLAW 357 (MAN)

IN RE - REGISTRAR GENERAL HIGH COURT OF MANNIPUR v. NGULJALAL KIPGEN AND LHINGNEIKIM KIPGEN

Tr.P.(C)/7/2025 · 2026-09-09

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item No. 6 IN THE HIGH COURT OF MANIPUR AT IMPHAL Tr.P.(C) No. 7 of 2025 In Re: Letter No. 10/1/2025-DJ(SPT)/1024 dated: the 6th October, 2025 of the Sr. Sheristadar, District & Sessions Court, Senapati. Registrar General, High Court of Manipur. …Petitioner - Versus – 1. Nguljalal Kipgen S/o (L) Mangpithang Kipgen R/o House No. 26 Tujang Part II, Tujang PT, II, Kangpokpi, Kalapahar, Manipur 795122. 2. Lhingneikim Kipgen D/o (L) Mangithang Kipgen R/o Kangpokpi presently residing at Ward No. 3 (N.J Thangboi Residence). …Respondents BEFORE HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR For petitioner Mr. Wahengbam Jamon Singh, Advocate For respondent No. 2 Ms. Babysonia, Advocate Date of Order 10.09.2026 2026:MNHC:203 O R D E R [1] Instant order will now dispose of the captioned transfer petition. [2] The following abbreviations/short forms have been used in this order (for the sake of brevity, convenience and clarity): Sl. No. Abbreviation/Short Form/other short references Full Form/Expansion 1. said Trial Court. Court of Chief Judicial Magistrate [CJM/Civil Judge Senior Division (CJSD)], Senapti 2 said Suit O.S. No. 1 of 2025 on the file of said Trial Court 3. said First Appellate Court Court of District Judge, Senapati, Manipur 4. said Misc. Appeal Misc. Appeal No. 3 of 2025 on the file of said First Appellate Court 5. CPC The Code of Civil Procedure, 1908 (5 of 1908) 6. R1 first respondent 7. R2 second respondent [3] In the hearing today, Mr. W. Jamon Singh, learned counsel on record for the protagonist of the captioned transfer petition and Ms. N. Babysonia, learned counsel on record for R2 are before this Court. [4] Captioned transfer petition became necessary owing to a judicial order dated 06.10.2025 made by said First Appellate Court in said Misc. Appeal and a scanned reproduction of the same is as follows: [5] Captioned transfer petition was filed in this Court on 14.11.2025, it was first listed before this Court on 17.11.2025, notice was issued to both respondents (notice returnable by 02.12.2025) and ultimately both respondents had entered appearance as is evident from proceedings made in the listing on 10.02.2026 which reads as follows: ‘10.02.2026 Matter mentioned when the Single sitting commenced Mr. Rustam, learned counsel for transfer petitioner is before this physical Court; Mr. H. Sivarex, learned counsel for R1 is before this Court on V.C. (Video Conferencing) platform; and Ms. Baby Sonia, learned counsel for R2 is before this physical Court. Learned counsel for R1 & R2 request for an adjournment citing difficulty at their respective ends. Afore-referred request of respondents for adjournment acceded to. List on 24.03.2026.’ [6] To be noted, R1 is sole appellant in said Misc. Appeal in said First Appellate Court and R2 is lone respondent in said Misc. Appeal in said First Appellate Court. [7] After both respondents had entered appearance, there were listings, however proceedings/orders made in the previous listing on 24.08.2026 is of relevance and the same reads as follows: ‘24.08.2026 [1] Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 28.07.2026 which reads as follows: ‘IN THE HIGH COURT OF MANIPUR AT IMPHAL Tr.P.(C) No. 7 of 2025 In Re-Registrar General High Court of Manipur Petitioner/s Vrs. Nguljalal Kipgen & anr. Respondent/s BEFORE HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR (ORDER) 28.07.2026 Mr. W. Jamon Singh, learned counsel on record for transfer petitioner is before this Court (physical Court). To be noted, both respondents have been duly served, they have entered appearance through counsel and names of the counsel (Mr. H. Sivarex for respondent No. 1 and Mr. G. Poushing for respondent No. 2) are duly shown in the cause-list but there is no representation for respondents either in the physical Court or on the Video Conferencing (V.C.) platform. This Court, with the intention of giving opportunity to respondents and learned counsel for respondents deems it appropriate to write that the captioned matter will now stand over to 24.08.2026. It is made clear that if there is no representation for respondents (either both or one of them), this Court will take up the matter on the basis of the available records, hear out the counsel before this Court and pass orders if this Court, in the next listing is of the view that such a course is necessary. Captioned matter is being adjourned albeit with the aforesaid caveat. List on 24.08.2026. CHIEF JUSTICE ` [2] Today, Mr. W. Jamon Singh, learned counsel on record for protagonist of captioned Transfer petition is before this Court (physical Court) but today also there is no representation for both respondents either in the physical Court or on the Video Conferencing (VC) platform though names of the counsel for both respondents (Mr. H. Sivarex for R1 and Mr. G. Poushing for R2) are duly shown in the cause list. Though it has been made clear in the afore-referred proceedings made in previous listing that this Court will take up the matter on the basis of available records, hear out the counsel before this Court and pass orders if such a course becomes necessary, with the intention of giving one more opportunity to both respondents and learned counsel for both respondents, let the captioned matter stand over to 10.09.2026. [3] In the next listing, name of the second respondent namely, Lhingneikim Kipgen shall also be shown without merely showing Mr. Nguljalal Kipgen & Anr. [4] List on 10.09.2026.’ [8] Today also, there is no representation for R1 [no representation either in physical Court or on the Video Conferencing (V.C.) platform] though name of counsel on record for R1 (H. Sivarex) has been duly shown in the cause-list. [9] In the light of afore-referred 24.08.2026 proceedings, more particularly 2nd and 3rd paragraphs thereat, this Court proceeded to hear the matter on the basis of available records after hearing the afore-referred 2(two) counsel before this Court. [10] It comes to light from the submission of learned counsel for R2 and the proceedings as can be ferreted out from the District Court website, that said Suit itself has since been given a closure recording a settlement between the parties and such closure to said Suit has been given on 16.02.2026 by said Trial Court (pending captioned transfer petition). Download from official E-Court Website as regards this closure is as follows: The detailed judgment as regards closure (as placed before this Court) is as follows: [11] Learned counsel for R2 submits that nothing survives in the said Misc. Appeal as said Misc. Appeal arises out of an interim order made in a Judl. Misc. case in said Suit and as said Suit itself has now been disposed of/given a closure on 16.02.2026, as is evident from the e-Court website and the judgment placed before this Court by the learned counsel for R2, that too, by way of a settlement between the parties. Therefore, there is no difficulty in accepting the submission of learned counsel for R2 that the said Misc. Appeal does not survive. [12] As said Misc. Appeal in said First Appellate Court does not survive, captioned transfer petition has become infructuous. [13] Before writing the operative portion of instant order, it is made clear that on uploading of instant order in the official website of this Court and/or production of copy of instant order in the said First Appellate Court, said First Appellate Court shall pass suitable orders and give a closure to said Misc. Appeal. [14] It is also deemed appropriate to write that no prejudice or hardship would be caused to R1 as said suit in which R1 is the plaintiff (to be noted, R2 is the defendant) itself has been given a closure that too by way of a settlement between the parties which has been captured in a judicial order/judgment dated 16.02.2026 which has been scanned and reproduced elsewhere supra in instant order. [15] Captioned CRP is disposed of as closed, the same having become infructuous. There shall be no order as to costs. CHIEF JUSTICE Indrajeet P.S. I : Upload forthwith P.S. II : All concerned will stand bound by web copy uploaded in High Court website inter alia as the same is QR coded. P.S. III : Registry to communicate this order to Court of District Judge, Senapati, Manipur for necessary orders to be made as per contents of instant order. LAIRENMAYU M INDRAJEET SINGH Digitally signed by LAIRENMAYUM INDRAJEET SINGH Date: 2026.09.12 10:24:02 +05'30'