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2025 DAILYLAW 4913 (GAU)

Tapir Mengu v. Otin Mengu

CRP/47/2024 · 2025-04-02

Yarenjungla Longkumer

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC040014792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP/47/2024 Tapir Mengu Son of Late Ojing Mengu, resident of Sibo Village, PO and PS Pasighat, East Siang District, Arunachal Pradesh. VERSUS Otin Mengu Son of Late Okep, resident of Mongku Village, PO and PS Pasighat, East Siang District, Arunachal Pradesh. Advocate for the Petitioner : Orin Modi, Pura Khongkhung,Jobang Modi,Noni Nobeng Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 03-04-2025 This application under Article 227 of the Constitution of India has been filed by the present petitioner praying for allowing him to file his objection/reply in Civil Appeal No. 68/2023 before the learned Civil Judge Senior Division, Pasighat. 2. The learned counsel, Mr. O. Modi appearing for the petitioner Page No.# 2/3 submits that the learned Civil Judge Senior Division, Pasighat vide order dated 20.11.2023, had fixed the matter on 19.12.2023 for reply/objection, if any. It was also directed in the said order dated 20.11.2023 that the case will proceed for hearing in the original appeal. And therefore, the present petitioner/respondent was directed to file his reply/objection on or before the next date. Thereafter, the matter was listed again on 19.12.2023 as directed, and on the said date, the learned Civil Judge Senior Division, Pasighat directed that the reply of the respondent/petitioner will no longer be accepted as there was inordinate delay on the part of the respondent to file his reply. And thereafter, the case was to proceed for final hearing and it was fixed on 28.02.2024 for final hearing without the reply/objection of the respondent/petitioner. Hence, the present petition under Article 227 of the Constitution of India. The learned counsel for the petitioner, therefore, prays that this petition may be allowed and he may be allowed to file his reply/objection in the Civil Appeal No.68/2023 before the learned Civil Judge Senior Division, Pasighat. 3. Service on the sole respondent has been completed and this Court vide order dated 06.12.2024 has observed that the notice has been duly served upon the respondent and accordingly, the service upon the respondent is complete. However, none appears for the respondent even today. Accordingly, this matter proceeds in the absence of sole respondent. 4. This Court has perused the records available and also heard the learned counsel for the petitioner/respondent. Page No.# 3/3 5. It is seen that the petitioner/respondent had made inordinate delay in filing his reply/objection in the Civil Appeal No.68/2023 and therefore, the learned Civil Judge Senior Division, Pasighat had proceeded to fixed the case for final hearing without the reply/objection from the present petitioner. However, it is felt that the reply/objection of the present petitioner/respondent would be required to adjudicate the case in the interest of justice. Accordingly, this petition is allowed. The learned Civil Judge Senior Division, Pasighat is directed to accept the reply/objection of the respondent and thereafter, fix another date for hearing the Civil Appeal No. 68/2023. In terms of the directions above, the Civil Revision Petition stands disposed of. JUDGE Comparing Assistant