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Smt. Leishangthem Ningol ... vs Shri Leisangthem Ibomcha @ Ibocha ...
2022 Latest Caselaw 361 Mani

Citation : 2022 Latest Caselaw 361 Mani
Judgement Date : 16 August, 2022

Manipur High Court
Smt. Leishangthem Ningol ... vs Shri Leisangthem Ibomcha @ Ibocha ... on 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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