Page No.# 1/4 GAHC040004302024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP/9/2024 Makyar Jamoh Son of Late Oyem Jamoh, a permanent resident of Tigra Mirbuk Village, Pasighat, PO and PS Pasighat, East Siang District, Arunachal Pradesh VERSUS Nonggan Rukbo Son of Late Akek Rukbo, resident of Mirku Village, Pasighat, PO and PS Pasighat, East Siang District, Arunachal Pradesh Advocate for the Petitioner : Dicky Panging, Rosy c Lowangcha,Memi Gadi,Tokge Darin,Kirmar Ado,Marge D,D Tamuk Advocate for the Respondent : T Taki, T Tabing,Tabit Tapak B E F O R E HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 26.06.2025 Heard Mr. Dicky Panging, learned counsel for the petitioner and also heard Mr. D Mozumdar, learned counsel for the respondent. 1. It is seen from the records of the case that on 24th May 2006, the Page No.# 2/4 customary court of the state of Arunachal Pradesh, which is called as the Kebang, passed the final decision in a dispute which was referred to it. The sole respondent filed an objection before the Deputy Commissioner, East Siang district, against the Kebang decision on 24.05.2006 in which, the learned Court transferred the case to the District Judge, Pasighat, and the same was numbered as Civil Appeal (Kebang) No. 46/2022. Thereafter, the said case was transferred to Civil Judge (Senior Division) at Pasighat and the case was renumbered as Civil Appeal (Kebang) No. 117/2023. The learned Court upheld the Kebang decision dated 24-05-2006 and rejected the appeal vide order dated 05.06.2023. 2. Thereafter, the respondent filed an appeal before the District & Sessions Judge, Pasighat, East Siang district, in which the Court vide Order dated 07.10.2023 had held that every order or judgment of civil judge exercising original jurisdiction or deciding on any matter in appeal from village authority shall lie to the court of Additional District Judge or District Judge as the case may be, and that finally by order dated 22-12-2023, the District Judge disposed off the appeal by quashing the order dated 5-6-2023 passed by the learned Civil Judge, Senior Division and ordered for de novo trial of the case. Aggrieved by the said order, the instant application i.e., Civil Revision Petition No. 9/2024 is Page No.# 3/4 preferred before this court against the order dated 22-12-2023. It appears that the law in force during the time when the Kebang decision was given was Assam frontier (Administration of Justice) Regulation Act, 1945. Under Regulation 46 of the Assam Frontier Regulation, an appeal lies before the Deputy Commissioner from the order of a customary court/village authority. Thereafter, the Arunachal Pradesh Civil Courts Act, 2021 came into force on 12- 4-2021 and the Civil Courts Act provides specifically under Section 15 that appeals from the orders passed by the Civil Judge, Senior Division in original suits and proceedings of civil nature will lie before the District Judge. 3. Further, in the proviso to Sub-Section 3 of Section 15, it is provided that an appeal or suit pending before the District Judge if it is not disposed off within a one year from the commencement of Arunachal Pradesh Civil Courts Act, 2021, the Deputy Commissioner shall transfer the pending appeals to the Court of Civil Judge, Senior Division, Junior Division as the case may be as per the amendment to the 2nd Proviso of Sub-Section 3 to Section 15 of the Arunachal Pradesh Civil Courts Act, 2021. It is seen in the instant case that the appeal was first filed before the Civil Judge, Senior Division and thereafter, the appeal was again filed before the District Judge, which has resulted in a second appeal in the instant case, which is not allowed as per law. As such, it is noticed that the Page No.# 4/4 revision petition filed before this Court challenging the order dated 22.12.2023 passed by the District Judge is not in accordance with law. As such, the order dated 22.12.2023 not being in accordance with law is set aside and the respondent is given liberty to approach the appropriate Court as per law against the order, passed by the Civil Judge, Senior Division, Pasighat, Arunachal Pradesh, if required. 4. This petition is disposed off. JUDGE Comparing Assistant