Wanneilen Serto; & Anr vs Addl. Chief Secretary (Forest & … on 28 March, 2025

Manipur High Court

Wanneilen Serto; & Anr vs Addl. Chief Secretary (Forest & … on 28 March, 2025

KABORAMBA Digitally
          KABORAMBAM
                    signed by

M SANDEEP SANDEEP SINGH
          Date: 2025.04.01
SINGH     13:49:55 +05'30'
                                                                                   Item No. 44
                                IN THE HIGH COURT OF MANIPUR
                                          AT IMPHAL
                                CRP (C.R.P. Art. 227) No. 34 of 2022
                Wanneilen Serto; & Anr.
                                                                                Petitioners
                                          Vs.
                Addl. Chief Secretary (Forest & Environment); & Ors.
                                                                             Respondents
                                     BEFORE
                HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
                                            ORDER

28.03.2025
Mr. S. Abung, learned counsel, appears for the petitioners and

Mr. Phungyo Zingkhai, learned Dy. Government Advocate, appears for the

respondents.

The present civil revision petition has been filed challenging the order

dated 04.07.2022 passed by the Ld. District Judge, Churachandpur, in Misc. Civil

Appeal No. 2 of 2022 arising out of order dated 22.12.2021 passed in Judl. MIsc.

Case No. 36 of 2021 which arises out of Original Suit No. 15 of 2021.

According to the petitioners, they have filed an application under

Order 39 Rule 1 CPC before the trial court for seeking for temporary injunction. The

trial court has granted temporary injunction in favour of the petitioner by order

dated 22.12.2021 passed in Judl. Misc. Case No. 36 of 2021. Therefore, challenging

the said order, respondent department has preferred Misc. Civil Appeal No. 2 of

2022 before the District Judge Churachandpur and by order dated 04.07.2022, the

District Judge, Churachandpur has set aside the temporary injunction order dated

22.12.2021 and directed to proceed with the trial of the Original Suit No. 15 of

2021 without any further delay.

CRP (C.R.P. Art. 227) No. 34 of 2022 Page 1
Challenging the aforesaid order dated 04.07.2022, the petitioners

have filed the present civil revision petition. Learned counsel for the petitioners

state that vide order dated 16.08.2022, this Court passed an interim order stating

that any work undertaken by the respondents at this stage would be subject to

further orders in the revision, owing to the doctrine of lis pendens.

Mr. Phungyo Zingkhai, learned Dy. Government Advocate, appearing

for the respondents, seeks time to obtain instructions to that extent.

At his request, list the matter on 03.04.2025.

               The




                                                        CHIEF JUSTICE
Sandeep




CRP (C.R.P. Art. 227) No. 34 of 2022                                        Page 2