Sengo @ Hengo Taipodia Vs Henli Riba

The materials brought on record would go on reveal that against an order passed by the jurisdictional Keba, the petitioner herein had approached the court of the learned Civil Judge (Senior Division), Pasighat by way of instituting an appeal being Appeal (Civil) case No. 28/2024 assailing the same. The learned Civil Judge (Senior Division), Pasighat vide an order dated 26.11.2024, while allowing the respondent therein to file his affidavit-in-opposition/objection to the interlocutory application had directed the parties to maintain status quo with regard to the suit land. It was further clarified that no party shall carry out any further construction/cultivation or enter into the Suit land till the next date.

¶22

Being aggrieved by the said order dated 26.11.2024, the respondent herein had assailed the same by way of filing an appeal being Appeal Case No.03/2025 before the Court of learned District Judge, Pasighat. The learned District Judge, Pasighat vide order dated 11.02.2025 on consideration of the issues arising in the matter was pleased to issue notice therein. The order dated 26.11.2024 passed by the learned Civil Judge (Senior Division), Pasighat was suspended until further orders. Accordingly, the petitioner herein has instituted the present proceeding.

¶23

When the matter was taken up for hearing, Mr. T. Sunil, learned counsel for the sole respondent has fairly submitted that the appeal as instituted by the sole respondent herein before the District Judge, Pasighat i.e. the Appeal No.03/2025 would not be maintainable and would be violation of the provisions of the Civil Procedure Code. Accordingly, he

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¶25

submits that this court would be pleased to interfere with the order dated 11.02.2025 passed by the District Judge, Pasighat in the Civil Appeal No.03/2025 and remand the matter back to the court of the Civil Judge (Senior Division), Pasighat by maintaining the order dated 26.11.2024. He further submits that the sole respondent has urgency in the matter and accordingly, the Civil Judge (Senior Division), Pasighat be directed to expeditiously consider and dispose of the said appeal.

¶26

The said prayer made by the learned counsel for the sole respondent is not disputed by the learned counsel for the petitioner, Mr. T. Taba and he submits that the order dated 26.11.2024 passed by the learned Civil Judge (Senior Division), Pasighat be maintained till the disposal of the appeal pending in the said court.

¶27

I have considered the submissions made by the learned counsel for the parties and on noticing the consensus reached by and between the parties in the matter, this Court proceeds to set aside and quash the order dated 11.02.2025 in Civil Appeal No.03/2025, and the order dated 19.03.2025 passed in the connected IA No.16/2025 by the District Judge, Pasighat, on the ground that the same was passed without jurisdiction. Accordingly, the Civil Appeal No.03/2025 along with connected the IA No.16/2025 stands dismissed.

¶28

In view of the above interference made by this Court with the said order dated 11.02.2025, the order dated 26.11.2024 passed by the learned Civil Judge (Senior Division), Pasighat in Appeal (Civil) Case No.28/2024 would stand revived.

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The parties are directed to appear before the Civil Judge (Senior Division), Pasighat on 11.06.2025.

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The learned Civil Judge (Senior Division), Pasighat is requested to expeditiously consider and dispose of the appeal, being Appeal (Civil) No.28/2024. The interim directions passed by the learned Civil Judge (Senior Division), Pasighat on 26.11.2024, shall continue till the disposal of the said appeal.

¶32

With the above observations and directions, the present revision petition stands disposed of.

¶33

JUDGE

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Sengo @ Hengo Taipodia v. Henli Riba

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Sengo @ Hengo Taipodia v. Henli Riba

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