Citation : 2022 Latest Caselaw 361 Mani
Judgement Date : 16 August, 2022
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2022.08.16
VICTORIA 16:42:37 +05'30' Item Nos. 5-6
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRP No. 3 of 2014
1. Smt. Leishangthem Ningol Ibechoubi Devi, aged about 68
years, d/o late L. Modhu Singh of Khumujamba Meitei Leikai,
P.O. & P.S. Churachandpur, Churachandpur District,
Manipur.
...Petitioner
- Versus -
1. Shri Leisangthem Ibomcha @ Ibocha Singh, aged about 75
years, s/o late L. Koireng Singh.
2. Shri Leisangthem Ibungo @ Ningthemjao Singh, aged about
47 years, s/o L. Ibomcha Singh.
3. Shri Ningthoujam Biken @ Bijen Singh, aged about 27 years,
s/o late N. Kulla Singh.
4. Shri Leisangthem Ibosana Singh, aged about 42 years, s/o
L. Ibomcha Singh.
5. Shri Leisangthem Ibungo Singh, aged about 30 years, s/o L.
Ibomcha Singh.
...All are residents of Kwasiphai Mayai Awang Leikai, Ward
No. 7, P.O. & P.S. Bishnupur, Bishnupur District, Manipur
...Respondents
WITH
MC(CRP(CRP Art. 227) No. 11 of 2014
1. Smt. Leishangthem Ningol Ibechoubi Devi, aged about 68
years, d/o late L. Modhu Singh of Khumujamba Meitei Leikai,
P.O. & P.S. Churachandpur, Churachandpur District,
Manipur.
...Applicant/Petitioner
- Versus -
1. Shri Leisangthem Ibomcha @ Ibocha Singh, aged about 75
years, s/o late L. Koireng Singh.
2. Shri Leisangthem Ibungo @ Ningthemjao Singh, aged about
47 years, s/o L. Ibomcha Singh.
3. Shri Ningthoujam Biken @ Bijen Singh, aged about 27 years,
CRP No. 3 of 2014 & Page 1 of 3
MC(CRP(CRP Art.227)) No. 11 of 2014
s/o late N. Kulla Singh.
4. Shri Leisangthem Ibosana Singh, aged about 42 years, s/o
L. Ibomcha Singh.
5. Shri Leisangthem Ibungo Singh, aged about 30 years, s/o L.
Ibomcha Singh.
...All are residents of Kwasiphai Mayai Awang Leikai, Ward
No. 7, P.O. & P.S. Bishnupur, Bishnupur District, Manipur
...Respondents
B EF O R E
HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
For the petitioner : None appears.
Date of order : 16-08-2022
ORDER
[1] This civil revision petition, under Section 115 CPC, arises out of
the order dated 29-03-2014 passed by the learned Civil Judge (Junior
Division), Bishnupur, in Judl. Misc. Case No. 13 of 2014. Thereby, the Trial
Court allowed the application filed by the defendants for condonation of the
delay of 113 days in seeking the setting aside of the judgment and decree
dated 26-02-2013 passed in O.S. No. 18 of 2012. Aggrieved thereby, the
plaintiff in the suit approached this Court. However, as there was a delay of
137 days on her part in doing so, she filed MC(CRP(CRP Art.227)) No. 11
of 2014 to condone the said delay.
[2] Hitherto, Mr. T. Rajendra, learned counsel, had appeared for the
petitioner. However, on 30-05-2022, Mr. Sh. Bikash Sharma, learned
counsel, representing Mr. T. Rajendra, learned counsel, informed the Court
that the petitioner had expired. He sought time to take necessary steps.
MC(CRP(CRP Art.227)) No. 11 of 2014 [3] On 11-07-2022, Mr. T. Rajendra, learned counsel, informed the
Court that the husband and daughter of the deceased petitioner had taken
away the case record, after obtaining a no-objection vakalat from him. He
therefore stated that he would no longer continue to appear in the case. The
Receipt dated 30-06-2022 executed by the husband and daughter of the
deceased petitioner, in proof of having taken the case record, was also filed.
However, as no other learned counsel has taken steps in relation to the
deceased petitioner, the matter was adjourned to 16-08-2022 to enable the
legal representatives to do the needful at least by the next date.
[4] Today, Mr. Shakir Khan, learned counsel, represents Mr. T.
Rajendra, learned counsel for the petitioner, and states that no other learned
counsel entered appearance or took steps for the LRs of the deceased
petitioner. He reiterates that they are no longer appearing in this case.
[5] Viewed thus, it appears that the LRs of the deceased petitioner
are not interested in pursuing this matter.
MC(CRP(CRP Art.227)) No. 11 of 2014 and CRP No.3 of 2014 are
accordingly dismissed for non-prosecution.
In the circumstances, there shall be no order as to costs.
CHIEF JUSTICE
Victoria
MC(CRP(CRP Art.227)) No. 11 of 2014
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