Page No.# 1/3 GAHC040000912018 2025:GAU-AP:597 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/47/2018 SHRI TATUNG JAMOH S/O LT. TAKAR JAMOH, VILLAGE SIKA BAMIN, PO/PS OYAN, PS PASIGHAT, DIST. EAST SIANG, AP. PHONE NO.8753215830 VERSUS SMTI. YATEM JAMOH ERING RESIDENT OF GREEN VALLEY COLONY, PASIGHAT BAZAAR, EAST SIANG, PO/PS PASIGHAT, DIST. EAST SIANG, AP. Advocate for the Petitioner : MrG Bam, MrK Jini,Mr.D Loyi,M Rime,MR.B Picha,MR.J Jini,MrT T Tara Advocate for the Respondent : Pritam Taffo, ,,,,,L Gee,V Dolo,M Karbak,T Lamgu,J Ringu,V Mandal,Lissing Perme BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 20-05-2025 Heard Mr. T. T. Tara, learned counsel for the petitioner and also heard Mr. P. Taffo, learned counsel for the respondent. 2. This application under Article 227 of the Constitution of India has been Page No.# 2/3 filed in the year 2018, with the following prayer: ‘I. A writ in the nature of certiorari shall not be issued by quashing and setting aside PSG Restitution Case no. 01/2017, being instituted after the filings of appeals dated 10.04.2015 and 09/11/2015, against the Kebang decision dated 25.03.2015 pending disposal in the court of Deputy Commissioner, Pasighat under AFR 1945 in order to avoid parallel proceedings and trails by two civil courts of two suits which might result into conflicting findings on issues which are directly and substantially in the previously instituted suit. II. Issue any other appropriate writs/orders or like nature commanding the Deputy Commissioner to dispose of the appeals dated 10.04.2015 and 09/11/2015 pending disposal as expeditiously as possible to secure the ends of justice.’ 3. Mr. T. T. Tara, learned counsel for the petitioner submits that during the pendency of the petition, the State of Arunachal Pradesh has enacted a law named; Arunachal Pradesh Civil Courts Act, 2021. This Civil Court Act has been made applicable with retrospective effect. Section 15 of the Act provides for appeal provision. The relevant portion is reproduced below for ready reference; “15. ...(2) Appeals from the decrees and orders passed by a Court of Civil Judge (Senior Division) in original suits and proceedings of civil nature, shall when such appeals are allowed by law, the Court of the District Judge of that district or in the Court of Additional District Judge where such Court exists or the High Court as the case may be. (3) Appeals from the decree or order passed by a Court of Civil Judge (Junior Division) original suits or proceedings of a civil nature, shall, when such appeals are allowed by law, lie the Court of Civil Judge (Senior Division) of the district. Provided that, any appeal on civil suits pending in the Courts of Deputy Commissioner shall be disposed of by the concerned Deputy Commissioner(s) under the provisions of the Assam Frontier (Administration of Justice) Regulation, 1945 as expeditiously as possible but, not later than one year from the date of coming into force of this Act. Provided further that, from the date of commencement of this Act, in case Page No.# 3/3 an appeal is preferred against the judgement of Customary Court in the Court of District Judge or in the Court of Additional District Judge as the case may be, the Court of District Judge or the Court of Additional District Judge, may dispose of the same or proceed with the case de novo.” 4. The learned counsel for the petitioner further submits that in view of the enactment of the above mentioned Arunachal Pradesh Civil Courts Act, 2021, the proceeding under challenge is now pending before the Court having no jurisdiction to decide the matter. Therefore, he prays that this Civil Revision Petition may be closed with a liberty to the petitioner to approach the appropriate court for remedies. 5. Mr. P. Taffo, learned counsel for the respondent while supporting the submission of the learned for the petitioner also prays for disposal of the matter with liberty to both the parties to approach the appropriate forum. 6. In view of the above consensus submission made by the learned counsel for the parties, this Civil Revision Petition shall stand disposed of with liberty to both the parties to approach the appropriate forum for appropriate relief. 7. With the above, this Civil Revision Petition is disposed of. 8. Return the record, if any. JUDGE Comparing Assistant