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2026 DAILYLAW 10987 (GAU)

Smt. Ramengzuali v. Sh. Lalthavela and 2 Ors.

Review.Pet./4/2026 · 2026-07-23

Nelson Sailo

Review Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC030005282026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./4/2026 Smt. Ramengzuali W/o S. Beihrosa R/o Zarkawt, Aizawl Mizoram VERSUS Sh. Lalthavela and 2 Ors. S/o Thangthuama R/o Kulikawn, Chekbawk Aizawl2:Smt C. Liankhumi 3:Smt. K. Vanlalhriat Advocate for the Petitioner : Mr Lalfakawma Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 24.07.2026 Heard Mr. Lalfakawma, learned counsel for the review petitioner. Page No.# 2/3 The instant review petition has been taken up as an unlisted item today on a mention made by the learned counsel. The learned counsel submits that by filing this review petition, the petitioner seeks review of the Judgment dated 20.07.2026 passed by this Court in I.A.(C) No. 178/2024 on the ground that by the said judgment, the rights of the third party has been legitimised, despite the fact that there was no legal instrument to show that the property in question had been purchased legally. The learned counsel submits that if review is not allowed, the same would lead to unintended precedent and therefore, the Judgment dated 20.07.2026 may be reviewed. Upon considering the submission made by the learned counsel for the petitioner, this Court is of the view that the instant Review Petition at the outset is not maintainable on the ground that the view expressed by this Court in allowing the leave to file third party appeal primarily is a prima facie view taken and under no circumstances, the same can be understood to be a final decision. In other words, the said judgment has only given an opportunity to the third party to project his grievance through the appeal that he intends to file. In Page No.# 3/3 other words, the view of this Court being only a prima facie view, the same cannot not be construed as a final decision on the issues involved. The parties including the review petitioner would be at liberty to contest the appeal on all available grounds and the Court will be required to take a decision in the matter accordingly. But for the above observation, the Review Petition is dismissed. JUDGE Comparing Assistant