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2026 DAILYLAW 8338 (GAU)

Smt. Lalthlamuani and 2 Ors. v. Smt. Lalrinkimi

I.A.(Civil)/35/2026 · 2026-06-07

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC030000742026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/4/2026 Smt. Lalthlamuani and 2 Ors. D/o H. Lalkhawngaiha (L), R/o Vengthlang, Champhai, Mizoram 2: Smt. Lalromawii D/o H. Lalkhawngaiha (L) R/o Vengthlang Champhai 3: Smt. Biakhmingthangi D/o H. Lalkhawngaiha (L) R/o Vengthlang Champha VERSUS Smt. Lalrinkimi R/o New Champhai, Mizoram Advocate for the Petitioner : Mr. Jonathan Lalrintluanga Advocate for the Respondent : Mr. C Lalfakzuala Linked Case : I.A.(Civil)/35/2026 Smt. Lalthlamuani and 2 Ors. D/o H. Lalkhawngaiha (L) R/o Vengthlang Champhai Mizoram 2: Smt. Lalromawii D/o H. Lalkhawngaiha (L) Page No.# 2/3 R/o Vengthlang Champhai 3: Smt. Biakhmingthangi D/o H. Lalkhawngaiha (L) R/o Vengthlang Champhai VERSUS Smt. Lalrinkimi R/o New Champhai Mizoram Advocate for the Petitioner : Mr. Jonathan Lalrintluanga Advocate for the Respondent : Mr. C Lalfakzuala BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA JUDGMENT / ORDER Date : 18.06.2026 Heard Mr. Jonathan Lalrintluanga, learned counsel for the appellants. Also heard Ms. H. Lalrosangi, learned counsel for the sole respondent. This appeal has been filed under Section 17 of the Mizoram Civil Courts Act, 2005 read with Sections 96 and 151 of the Code of Civil Procedure, 1908, against the impugned order dated 10.06.2025 passed by the learned Civil Judge (Senior Division), Champhai in Probate Application No. 01 of 2025. The learned counsel for the appellants submits that in the probate proceeding before the learned Civil Judge (Senior Division), the appellants have not been made as parties and, therefore, were not afforded an opportunity to place their case before the learned Court below in the said probate proceeding. Having heard the learned counsel appearing for the respective parties, this Page No.# 3/3 Court is of the considered opinion that the appeal should be admitted at this stage. Accordingly, the appeal is admitted. Call for the Trial Court Records in connection with Probate Application No. 01 of 2025 from the Court of Civil Judge (Senior Division), Champhai. List the matter after four weeks. The learned counsel for the appellants shall serve the requisite extra copies of the memo. of appeal upon the learned counsel for the respondents during the course of the day. JUDGE Comparing Assistant