Page No.# 1/4 GAHC040012812025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP/83/2025 Nonggan Rukbo Son of Late Akek Rukbo, resident of Mirku Village, PO and PS Pasighat, East Siang District, Arunachal Pradesh. VERSUS Makyar Jamoh resident of Tigra, Mirbuk Village, PO and PS Pasighat, East Siang District, Arunachal Pradesh. Advocate for the Petitioner : D Loyi, D Mazumdar, Sr. Advocate Advocate for the Respondent : Dicky Panging, Sr. Adv, Mitin Boko,Tenzin Tsowang,Omor Panggam,Chatung Tajo,Doge Lona,Marge Doji,Daina Tamuk BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 17.08.2026 Heard Mr. Dilip Mazumdar, learned senior counsel, assisted by Mr. C. Gogoi, learned counsel, appearing on behalf of the petitioner. Also heard Mr. Dicky Panging, learned senior counsel, assisted by Mr. Chatung Tajo, learned counsel, appearing on behalf of the sole respondent. 2. The present Civil Revision Petition has been filed under Article 226 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908, by the petitioner assailing the judgment & decree dated 05.06.2023, passed by the learned Civil Judge(Senior Division), Pasighat, in Civil Appeal(Kebang) No. Page No.# 2/4 46/2022, whereby, the Kebang decision dated 24.05.2006, in Kebang Case No. HT-178/06/287-89, has been affirmed. 3. It appears that the appeal before the learned Civil Judge(Senior Division), Pasighat, arose out of the Kebang decision dated 24.05.2006, passed by the Kebang. The learned Civil Judge(Senior Division), Pasighat, upon consideration of the matter, had dismissed the appeal and affirmed the Kebang decision dated 24.05.2006. 4. The matter is listed today for admission. 5. However, at this stage, Mr. Panging, learned senior counsel appearing for the sole respondent, fairly submits that although the Kebang is stated to have recorded the statements of as many as 33(thirty three) witnesses on 24.05.2006, and the learned appellate Court has also recorded that out of 7(seven) witnesses examined, 2(two) of the witnesses claimed that the land belonged to Rukbo Family(petitioner) while the rest 5(five) other witnesses did not mention about the land belonging to the Rukbo Family(petitioner) and further observed even if the evidence of Smt. Omat Dai is not taken into consideration, but, even then, the remaining 4(four) witnesses had not supported the case of the appellant/respondent herein; there is no materials on record to show that the aforesaid witnesses were actually examined before the Kebang. The learned senior counsel further submits that in view thereof, the matter may be remanded to the learned First Appellate Court for a de novo trial in accordance with the proviso to sub-Section(3) of Section 15 of the Arunachal Pradesh Civil Courts Act, 2021. 6. Mr. Mazumdar, learned senior counsel appearing on behalf of the petitioner, Page No.# 3/4 agrees to the aforesaid course fairly suggested by Mr. Panging, learned senior counsel for the sole respondent. 7. In view of the submissions made by the learned counsel for the parties and considering that the record of examination of witnesses before the Kebang is not available, and as agreed upon by both the learned senior counsels for the parties; the impugned judgment & decree dated 05.06.2023, passed by the learned Civil Judge(Senior Division), Pasighat, in Civil Appeal(Kebang) No. 46/2022 is hereby set aside. 8. The matter is remanded to the learned Civil Judge(Senior Division), Pasighat, for de novo consideration/trial in accordance with the proviso to sub- Section(3) of Section 15 of the Arunachal Pradesh Civil Courts Act, 2021. 9. It is further made clear that the learned appellate Court shall afford reasonable opportunity to both the parties to adduce their evidence, produce documents, if any, and thereafter, decide the appeal, afresh, in accordance with law. 10. It is also clarified that this Court has not expressed any opinion on the merits of the dispute. 11. The parties are directed to appear before the learned Civil Judge(Senior Division), Pasighat, on 21st September, 2026, along with a certified copy of this order for further necessary order. 12. The interim order, if any, shall stand merged with this order and the Page No.# 4/4 parties, hereinafter, shall abide by the fresh proceedings before the learned appellate Court. 13. The Civil Revision Petition, accordingly, stands disposed of in terms above. JUDGE Comparing Assistant