Smt. Konsam Dhaballi Devi ... vs Smt. Chongtham (O) Kunjarani Devi ...
2022 Latest Caselaw 526 Mani

LAIREN Digitally
       signed by
MAYUM LAIRENMAYU                                                                    Item No. 27
       M INDRAJEET
INDRAJ SINGH
       Date:
                                IN THE HIGH COURT OF MANIPUR
EET    2022.11.22                         AT IMPHAL
SINGH 16:06:10
       +05'30'

                                 CRP(CRP.Art.227) No. 5 of 2018
               Smt. Konsam Dhaballi Devi Represented by her 6 LRs
                                                                                 ....Petitioners
                                                  - Versus -

               Smt. Chongtham (O) Kunjarani Devi by 2 ors.
                                                                                ...Respondents

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR 22.11.2022

This civil revision petition arises out of the order dated 07.11.2017

passed by the learned District Judge, Imphal West, in Judl. Misc. Case No. 22 of

2017, refusing to condone the delay of 333 days in filing an appeal against the

judgment and decree dated 03.05.2016 in O.S. No. 23 of 2012 on the file of the

learned Civil Judge (Junior Division), Imphal West-II.

During the pendency of this civil revision petition, the petitioner

expired and her legal representatives were brought on record.

Having commenced arguments, Mr. Th. Babloo, learned counsel for

the petitioners, sought an adjournment on 06.05.2022 to enable him to verify

whether any steps were taken pursuant to the complaint dated 28.12.2017

made by the deceased petitioner to the Bar Council of Manipur against her

former counsel. However, there was no representation for Mr. Th. Babloo,

learned counsel, on 02.08.2022 and again on 27.09.2022. The case was

accordingly directed to be listed under the caption 'Dismissal' on 07.11.2022.

On that day, yet again, there was no representation for Mr. Th. Babloo, learned

counsel, but as regular Court work was disturbed owing to the sudden demise

of Mr. Ch. Dhananjoy Singh, learned senior counsel, one more opportunity was

given to the petitioner's counsel to appear and argue the matter. The case was

directed to be listed under the same caption on 22.11.2022.

Today, the matter appears under the caption 'Dismissal', but there is

no representation for Mr. Th. Babloo, learned counsel for the petitioner.

Mr. A. Priyokumar, learned counsel, appears for the respondents.

Given the continued absence of the learned counsel appearing for the

petitioners, this Court is constrained to draw the inference that the petitioners

are no longer interested in pursuing this litigation.

CRP (CRP.Art.227) No. 5 of 2018 is accordingly dismissed for

non-prosecution.

In the circumstances, there shall be no order as to costs.

CHIEF JUSTICE

Indrajeet