A first appeal was withdrawn by the appellant to re-examine the matter. Leave to file afresh was refused as the impugned order was non-appealable under Order 43 and Section 104 CPC. The appeal was disposed of.
Appellant allowed to withdraw the first appeal; permission to file afresh denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC030000952023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : FAO/1/2023
Sanglianchhungi D/o Kapthanga (L), College Veng, Aizawl
VERSUS
State of Mizoram r/b Chief Secretary and 3 Ors. Govt. of Mizoram, Aizawl 2:Secretary to the Govt. of Mizoram Land Revenue and Settlement Dept. Mizoram Aizawl 3:The Director Land Revenue and Settlement Dept. Mizoram Aizawl 4:Sh SK Dinthanga Upper Kanan Aizawl Mizora
Advocate for the Petitioner : Mr F Lalengliana
Advocate for the Respondent : Mrs. Linda L Fambawl, G.A., Mizoram for R2 - 4
Page No.# 2/2
B E F O R E
HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER
08.06.2023
(Thursday)
Heard Ms. Lalrinsangi, learned counsel for the appellant who prays that she may be allowed to withdraw the present appeal filed against the Order of the learned Lower Court dated 24.11.2022 since they wished to re-examine the matter and that she may be allowed to file afresh, if so advised.
Mr. B. Lalramenga, learned counsel for the respondents has strongly objected to an opportunity to file afresh, mentioning that the impugned Order dated 24.11.2022 is a nonappealable order under Order 43 of the CPC read with Section 104 CPC and that the appellant have no grounds to appeal.
Having heard the submissions made by both the parties, I find substance in the objection raised. The learned counsel for the appellant is allowed to withdraw the instant FAO. Permission is to file afresh is not granted.
Accordingly, FAO No.1/2023 stand disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the appellant is permitted to withdraw the first appeal and seek permission to file afresh after hearing counsel.
2 provisions across 1 enactments
Sanglianchhungi D/o Kapthanga
State of Mizoram
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
