Manipur High Court
Builungpou Kamang Gangmei vs Jinripou Pheiga Gangmei And 3 Others on 28 March, 2025
SHAMURAILAT Digitally signed by
SHAMURAILATPAM Page |1
PAM SUSHIL SUSHIL SHARMA
Date: 2025.04.07 14:39:59
SHARMA +05'30'
Item No. 1
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRP (CRP Art. 227) No. 16 of 2025
Builungpou Kamang Gangmei
...Petitioner
- Versus -
Jinripou Pheiga Gangmei and 3 Others
...Respondents
B EF O R E
HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
ORDER
28.03.2025
[1] Mr. A. Sachikumar, learned counsel, appears for the petitioner.
[2] Mr. R.S. Livingstone, learned counsel, takes notice for the
respondent No. 1 who is a contesting respondent; Ms. Nikita M., learned
counsel assisting Mr. S. Nepolean, learned senior Government Advocate,
takes notice for the respondent No. 2. Respondents No. 3 and 4 are not the
contesting respondents.
[3] The facts of the case is that the petitioner has filed an Original
Suit No. 1 of 2024, application filed under Section 10 of the CPC, against
the present respondents as defendants, before the learned Civil Judge
(Senior Division), Tamenglong, to decide the petition by the trial court.
[4] Challenging the order dated 08.01.2025 passed by the learned
Civil Judge (Senior Division), Tamenglong passed in Judicial Misc. Case No.
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39 of 2024 (Ref: Original Suit No. 1 of 2024), the defendant No.1/respondent
No. 1 herein, filed an appeal being Misc. Civil Appeal No. 1 of 2025 along
with a misc. application being registered as Judl. Misc. Case No. 1 of 2025
(Ref;- Misc. Civil Appeal No. 1 of 2025) for stay of the impugned order dated
08.01.2025. The learned trial court admitted the said appeal and stayed the
proceedings of the trial court by passing its order dated 11.02.2025 in the
said appeal and connected Judl. Misc. Case No. 1 of 2025 (Ref:- Misc. Civil
Appeal No. 1 of 2025) without jurisdiction.
[5] Learned counsel appearing for the petitioner submits that there
is no provision under the CPC to file an appeal against the rejection order
passed by the trial court and learned counsel for the respondents takes
notice to make their submissions.
[6] Today, by consent of parties, the instant civil revision petition
is taken up for final disposal at the motion stage itself.
[7] Learned counsel appearing for the petitioner submits that the
instant civil revision petition has been filed challenging the impugned order
dated 11.02.2025 of the District Judge, Tamenglong passed in Judl. Misc.
Case No. 1 of 2025 (Ref:- Misc. Civil Appeal No. 1 of 2025).
[8] Learned counsel for the petitioner has stated that the petitioner
has filed the instant revision petition stating that O.S. No. 1 of 2024 was filed
before the Civil Judge (Senior Division), Tamenglong and interim order was
granted by the Civil Judge (Senior Division), Tamenglong. Challenging the
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ex-parte interim order, the respondent No. 1 herein has filed an appeal
before the District Judge, Tamenglong in an appeal being Misc. Civil Appeal
No. 1 of 2025.
[9] Learned counsel appearing for the petitioner submits that the
order dated 08.01.2025 was passed by the learned Civil Judge (Senior
Division), Tamenglong in Judl. Misc. Case No. 39 of 2024 (Ref:- O.S. No. 1
of 2024). Challenging the said order passed by the learned trial court, the
respondent/defendant filed a Misc. Civil Appeal No. 1 of 2025 before the
learned District Judge, Tamenglong, Manipur. The learned District Judge,
Tamenglong, Manipur passed the impugned order dated 11.02.2025 and
challenging the said order dated 11.02.2025, the petitioner has filed the
instant civil revision petition before this Court.
[10] Learned counsel for the petitioner states that the petitioner has
filed the declaratory suit being Original Suit No. 1 of 2024 before the court
of learned Civil Judge, Senior Division, Tamenglong seeking reliefs viz. (a)
decree for declaring that the Defendant No. 1 filed representations dated
03.12.2018 and 25.03.2019 enclosing forged affidavit of Mathew Pheiga
Gangmei (pro-forma defendant No. 3) and therefore, that the Government
order being No. 9/2/2019-Hills (VA) dated 10.10.2019 issued by the
Additional Chief Secretary (TA & Hills), Manipur (pro-forma defendant No.
4) is null and void and also (b) decree for perpetual injunction against the
respondent No. 1 herein.
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[11] The learned Civil Judge (Senior Division), Tamenglong passed
an ex-parte order dated 07.06.2024 in Judl. Misc. Case No. 13/25 of 2024
granting temporary injunction.
[12] The respondent No. 1 had also filed his written statement to
the original suit along with an application being Judl. Misc. Case No. 39 of
2024 (Ref:- Original Suit No. 1 of 2024). In the appeal filed by the
Respondent, it is stated that the order of the Government of Manipur dated
10.10.2019 was quashed by the order dated 06.02.2024 of the Single Bench
of the Hon’ble High Court of Manipur and the Writ Appeal is pending against
order of the learned Single Court. By considering Section 10 of the Civil
Procedure Code, that too, in the absence of petition been filed before the
Court and without giving an opportunity to the petitioner, the ex-parte order
passed by the learned District Judge, Tamenglong is liable to be set aside.
[13] Learned counsel appearing for the respondents has stated that
the petitioner had already filed the writ petition before this Court in WP(C)
No. 985 of 2019 and the said writ petition came to be allowed. Challenging
the said order, the intra-court appeals Writ Appeal No. 12 of 2024 was filed
by the Government of Manipur and Writ Appeal No. 14 of 2024 was filed by
the respondent No. 1, namely Jinripou Pheiga Gangmei and the said writ
appeals are pending for disposal before the Division Bench of the Hon’ble
High Court of Manipur and the Hon’ble Division Bench have passed its order
dated 02.04.2024 in the Writ Appeal thereby staying the said order of the
learned Single Judge. In the meantime, the plaintiff/petitioner has also filed
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his written objection to the said Judl. Misc. No. 39 of 2024 in the trial court.
Learned counsel appearing for the respondent also submits that original suit
filed by the plaintiff/petitioner is not maintainable and plaintiff has no Locus
Standi to file the said suit before the trial court and therefore, the appellate
court has rightly granted the interim order.
[14] Heard the parties and perused the documents. [15] According to learned counsel for the petitioner, the said ex-
parte stay order was granted by the District Judge, Tamenglong without
giving any opportunity of being heard to the petitioner and therefore, the
petitioner has filed the instant civil revision petition before this court.
[16] This Court is of the view that whether Section 10 of the CPC
will be attracted to consider for granting interim stay to set aside the order
of the trial court without filing petitions and the appeal filed by the
Respondent is maintainable.
[17] It seems that no application has been filed by the respondents
under Section 10 of the CPC before the competent court. In such
circumstances, therefore, the appellate court is directed to consider the
maintainability of the appeal and the learned Appellate Court shall dispose
of the Appeal in Misc. Civil Appeal No. 1 of 2025 within 3 (three) weeks from
the date of receipt of copy of this order and after giving opportunity of being
heard to the parties concerned.
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[18] Counsel appearing for the parties undertake to file
vakalatnama and counter affidavits before the Appellate Court within 1(one)
week from the date of receipt of copy of the order.
[19] With the above direction, the civil revision petition stands
disposed of.
CHIEF JUSTICE
Sushil