Jacob Tana Tara and 17 Ors. Vs Thomas Nabam

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Page No.# 1/7

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GAHC040017242024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : FAO/6/2024

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Jacob Tana Tara and 17 Ors

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Son of Pacha Tana Tara, resident of Village Gumtung, PO and PS Pakke Kessang, District, Pakke Kessang.

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2: Samson Techi Tara Age: Occupation : Son of Late Tagang Techi Tara resident of Village Gumte PO and PS Pakke Kessang District Pakke Kessang.

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3: Kamso Gollo Age: Occupation : Son of Late Daley Gollo resident of Village Ngoleko PO and PS Pakke Kessang District Pakke Kessang.

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4: Rana Natung Age: Occupation : Son of Tungdang Natung resident of Village Sede PO and PS Pakke Kessang District Pakke Kessang. 5: Jumnia Techi Tara Age:

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Occupation : Son of Biswas Techi Tara resident of Village Passa Camp PO and PS Pakke Kessang District Pakke Kessang.

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6: Kangam Techi Tara Age: Occupation : Son of Hania Techi Tara resident of Village Taoso PO and PS Pakke Kessang District Pakke Kessang.

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7: Raha Techi Tara Age: Occupation : Son of Gugung Tacha resident of Village Gumte PO and PS Pakke Kessang District Pakke Kessang.

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8: Tassar Tana Tara Age: Occupation : Son of Darchi Tana Tara resident of Village Seramaso PO and PS Pakke Kessang District Pakke Kessang.

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9: Logo Gollo Age: Occupation : Son of Chuma Gollo resident of Village Debe Gollo PO and PS Pakke Kessang District Pakke Kessang.

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10: Sundeep Nyare Age: Occupation : Son of Jaguram Natung resident of Village Gumtung

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PO and PS Pakke Kessang District Pakke Kessang.

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11: Gagung Nyare Age: Occupation : Son of Kapa Nyare resident of Village Gumtung PO and PS Pakke Kessang District Pakke Kessang.

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12: Moses Ngurang Age: Occupation : Son of SEra Ngurang resident of Village Taoso PO and PS Pakke Kessang District Pakke Kessang.

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13: John Techi Tara Age: Occupation : Sonf Talign Techi resident of Village Pakro PO and PS Pakke Kessang District Pakke Kessang.

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14: Miss Suneta Gollo Age: Occupation : Daughter of Tasso Gollo resident of Village Keko PO and PS Pakke Kessang District Pakke Kessang.

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15: Ms Yasum Wahge Age: Occupation : Daughter of Rubi Wahge resident of Village Darlong PO and PS Pakke Kessang District Pakke Kessang.

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16: Kibu Techi Age: Occupation : Son of Hachang Techi resident of Village Khodaso PO and PS Pakke Kessang District Pakke Kessang.

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17: Thaddeus Techi Age: Occupation : Son of Kojum Techi resident of Village Pakke Kessang PO and PS Pakke Kessang District Pakke Kessang.

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18: Dozi Tana Tara Age: Occupation : Son of Late Tana Tatik resident of Village Papum under Taraso Circle PO and PS Balijan Papum Pare District

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VERSUS

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Thomas Nabam Son of Nama Nabam, resident of Village Mobuso-I, Seijosa, PO and PS Seijosa, Pakke Kessang District, Arunachal Pradesh.

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Advocate for the Petitioner : Takam Sunil, Mating Yaram,G Basar

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Advocate for the Respondent : ,

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Page No.# 5/7

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BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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02/04/2025

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This is an appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure 1908, challenging the Impugned Order dated 27.11.2024 passed by the Learned Court of Civil Judge (Senior Division), Seppa, East Kameng in Civil Miscellaneous Case No. 09/2024 arising out of Title Suit No. 03/2024.

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2. Heard learned counsel for the appellant, Mr. Takam Sunil. Learned counsel for the appellant has a limited prayer in this appeal stating that he is aggrieved by the Impugned Order dated 27.11.2024, which is at Annexure-5 of the appeal memo wherein, the Learned Trial Court Records has passed the ex-parte order of injunction without hearing the appellant.

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3. It is submitted by the learned counsel that in the previous Order dated 21.11.2024 at Annexure-2 of the appeal memo, the Learned Trial Court Records had admitted the case for hearing and fixed 27.11.2024 for appearance of the respondents. While issuing the said order the Learned Trial Court had directed the plaintiff to take steps on the respondents by dasti service and also allowed the plaintiff to serve notice through electronic means to the defendants. However, learned counsel states that no such dasti service was taken by the plaintiff and only some whatsapp messages were sent by a certain person name Tara Nabam, who is neither plaintiff nor the party in the suit.

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4. Accordingly, the appellant was not aware of the fixing of the matter on 27.11.2024 and thereby, the Miscellaneous Case was heard in his absence. Learned counsel therefore, prays that the Impugned Order may be quashed and set aside and the Learned Trial Court may be directed to hear the Civil Miscellaneous Case No. 09/2024 afresh after hearing both the parties.

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5. Learned counsel, Mr. Mudang Opo appears for the sole respondent and he has no objections to the prayer made by the appellant in the present case.

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6. In view of the above facts and circumstances this appeal is allowed. The Order dated 27.11.2024 passed in Civil Miscellaneous Case No. 09/2024 arising out of Title Suit No.03/2024 before the Learned Civil Judge (Senior Division), Seppa, East Kameng District is quashed and set aside. The matter is remanded back to the Learned Trial Court to hear the matter afresh after hearing both the parties.

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7. The Learned Civil Judge (Senior Division), Seppa, is directed to list the Civil Miscellaneous Case No. 09/2024 before the Court on 23^rd April, 2025, and both the parties shall appear before the Learned Trial Court on the fixed date.

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Matter is disposed.

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Registry shall send a copy of this Order to the Civil Judge, Senior Division, Seppa, East Kameng.

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JUDGE

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Comparing Assistant

Jacob Tana Tara and 17 Ors. v. Thomas Nabam

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Jacob Tana Tara and 17 Ors. v. Thomas Nabam

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