Manipur High Court
Lisham Anilkumar Singh & vs Kangjam Jayanta Singh on 8 August, 2025
Author: A.Guneshwar Sharma
Bench: A.Guneshwar Sharma
41-42
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
RSA No.6 of 2024 with
MC (RSA) No.34 of 2024
Lisham Anilkumar Singh &
3 Ors ... Appellants
-Versus-
Kangjam Jayanta Singh ... Respondent
BEFORE
HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA
8.8.2025
Present Mr.H.Prabirkumar, learned counsel for the
appellant and Mr.M.Rarry, learned senior counsel assisted by
Ms.Nikita, learned counsel for the respondent.
Mr.Prabirkumar, learned counsel for the appellant
submits that the appellants were defendants before the Trial Court
and by the decree passed by the Trial Court the defendants were
permitted to use the approach road 8 ft wide and same was set
aside by the First Appellate Court in a matter pending before this
Court in Second Appeal.
Vide order dated 8.11.2024 while issuing notice in MC
RSA 34 of 2024 this Court observed that the executing Court may
keep in mind that Second Appeal is under consideration by this
Court.
It is stated that the Executing Court have stayed the
proceedings. It is also submitted that contempt case (C) J/2 of 2024
filed by the respondent is pending before the Court of Hon’ble C.J,
and the matter is listed on 14.8.2025. Today, during the course of
hearing Mr.H.Prabirkumar, learned counsel for the appellant relying
on the decision of the Hon’ble Supreme Court in Deoraj Vs State
of Maharashtra & Ors: (2004) 4 SCC 697 and Hammad
Ahmed Vs Abdul Majeed & Ors: (2019) 14 SCC 1 submits that
if the impugned order passed by the First Appellate Court is not
stayed and it will cause immense hardship to the appellant herein
who are defendants in the suit. It is also stated that contempt is
initiated before this Court for defiance of the appellate decree.
This Court is of the opinion that the Second Appeal
and the Contempt are pending before different Benches and any
order passed, particularly, stay of the impugned order in Second
Appeal may affect the contempt petition pending before the other
Court.
In the circumstance, list this case along with the
contempt (C)J/2 No.4 of 2024 on 14.8.2025 after obtaining
administrative approval of the Hon’ble Chief Justice.
JUDGE
Priyojit
RAJKUMA Digitally signed
by RAJKUMAR
R PRIYOJIT PRIYOJIT SINGH
Date: 2025.08.11
SINGH 14:16:40 +05’30’