During an appeal against a trial court order denying an ex-parte interim stay on an eviction order, the single judge stayed the eviction order pending the hearing of the main appeal on 20.11.2024 to prevent the appellant's imminent removal.
Staying the operation of the eviction order issued by the District Magistrate, Champhai, till 20.11.2024.
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GAHC030006912024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : FAO/10/2024
C.Lalbiakthanga S/o Khuangthiauva, R/o Bethel Veng, Champhai, Mizoram
VERSUS
State of Mizoram and 4 Ors. R/b Chhief Secretary to the Govt. of Mizoram, Aizawl 2:The Deputy Commissioner
3:The District Magistrate
4:The Mizoram Rural Bank
5:Sh TBC Lallawmzual
Advocate for the Petitioner : Mr Zoramchhana
Advocate for the Respondent : Addl. AG/GA, Mizoram for R1 - 3
BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER
Date : 08-11-2024
Heard Mr. Zoramchhana, learned counsel for the appellant, who has filed the instant appeal under Section 17 (2)(b) of the Mizoram Civil Courts Act r/w Section 104 and Order 43 CPC, 1908 against the Order dated 21.10.2024 passed
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by the learned Court of Civil Judge, (Senior Division), Champhai in CMA No.60/2024 A/o Civil Suit No.13/2024.
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learned Civil Judge (Senior Division) or to pass any order found appropriate by the Court. The learned counsel for the appellant has relied on the judgment and order of the Apex Court in Morgan Stanley Mutual Fund Vs. Kartick Das , reported in (1994) 4 SCC 225 (para 36), wherein the Apex Court had considered the granting of ex-parte interim injunction in certain circumstances.
The learned Govt. Advocate submits that she has yet to get instructions, however she does not strongly object to the stay of the Eviction Order dated 11.09.2024 till the date fixed for submission of written objection and hearing of the parties i.e. on 20.11.2024
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Accordingly, the instant FAO No. 10/2024 stands disposed of as above.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the High Court should interfere with the trial court's order refusing an ex-parte interim injunction in an appeal regarding an eviction.
Whether an apparent likelihood of eviction before the hearing date warrants staying the eviction order in an appeal.
Colour shows how this judgement treated each authority
Morgan Stanley Mutual Fund Vs. Kartick DasReferred¶22
Morgan Stanley Mutual Fund Vs. Kartick Das (1994) 4 SCC 225 · Who else cites this
2 provisions across 2 enactments
C. Lalbiakthanga
State of Mizoram
Deputy Commissioner
District Magistrate
Mizoram Rural Bank
Sh TBC Lallawmzual
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
