The High Court quashed a Heirship Certificate issued ex parte by the trial court without notice to the appellant. The matter was remanded to the trial court to allow the appellant to file objections.
Heirship Certificate No. 281/2022 quashed and set aside; matter remanded to trial court.
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GAHC030003052023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RFA/20/2023
Sh. T.C. Thanzuala S/o Liankaia (L) R/o Saron Veng, Aizawl, Mizoram
VERSUS
Sh. T. Lalthakima S/o Sangkhuma (L) R/o Saron Veng, Aizawl, Mizoram
Advocate for the Petitioner : Ms. Jacinta Zothanmawii
Advocate for the Respondent : Mr T Lalzekima
Linked Case : I.A.(Civil)/67/2023
Sh. T.C. Thanzuala S/o Liankaia (L) R/o Saron Veng Aizawl Mizoram
VERSUS
Sh. T. Lalthakima S/o Sangkhuma (L) R/o Saron Veng Aizawl Mizoram
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Advocate for the Petitioner : Ms. Jacinta Zothanmawii Advocate for the Respondent : Mr T Lalzekima
Linked Case : I.A.(Civil)/66/2023
Sh. T.C. Thanzuala S/o Liankaia (L) R/o Saron Veng Aizawl Mizoram VERSUS
Sh. T. Lalthakima S/o Sangkhuma (L) R/o Saron Veng Aizawl Mizoram
Advocate for the Petitioner : Ms. Jacinta Zothanmawii Advocate for the Respondent : Mr T Lalzekima
BEFORE
HON’BLE MRS. JUSTICE MARLI VANKUNG
Date of hearing & judgment : 31.01.2025.
JUDGEMENT AND ORDER (Oral)
Heard Ms. Jacinta Zothanmawii, learned counsel for the appellant along
with Mr. T. Lalzekima, learned counsel for the respondent.
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the learned Trial Court had disposed of the application vide an Order dated 22.02.2022, without issuance of notice or without giving the appellant the opportunity to file their written statement/objection and had accordingly allowed Heirship Certificate No. 281/2022 on the same day itself.
by the learned Trial Court stands quashed and set aside.
RFA No. 20 of 2023 is allowed and disposed of with the above direction. No costs.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the issuance of the Heirship Certificate without notice and opportunity to the appellant was valid?
Sh. T.C. Thanzuala
Sh. T. Lalthakima
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
