Manipur High Court

Shri Nahakpam Ingo Singh vs Shri Nahakpam Mangi Singh on 22 September, 2022

KABORA Digitally
by
signed

MBAM KABORAMBAM
SAPANA CHANU
SAPANA Date:
2022.09.23
CHANU 15:54:08 -07'00'

Item No. 72-80
IN THE HIGH COURT OF MANIPUR
AT IMPHAL

RFA No. 2 of 2015

1. Shri Nahakpam Ingo Singh, aged about 70 years, son of late N.
Birachandra Singh of Thangmeiband Yumnam Leikai, P.O.
Lamphel, Imphal West District, Manipur.
2. Shri Nahakpam John Singh, aged about 66 years, son of late
N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O.
Lamphel, Imphal West District, Manipur.
3. Nahakpam Ongbi Ibeton Devi, aged about 82 years wife of late
N. Birachandra Singh Thangmeiband Yumnam Leikai, P.O.
Lamphel, Imphal West District, Manipur, died by her LRs the
above-named Appellant Nos. 1 and 2.
4. Shri Yumnam Brojen Singh, aged about 48 years, son of Y.
Kalamu Singh, resident of Ningthoukhong Bazar, B.P.O.
Bishnupur, Bishnupur District, Manipur.
5. Smt. Yumnam Ongbi Rita Devi, aged about 46 years, wife of
Yumnam Brojen Singh of Ningthoukhong Bazar, B.P.O.
Bishnupur, Bishnupur District, Manipur.
Appellants
Vs.
1. Shri Nahakpam Mangi Singh, aged about 75 years, son of late
N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O.
Lamphel, Imphal West District, Manipur.
2. Shri Nahakpam Ningol Sairem Ongbi Manishang Devi, aged
about 68 years, wife of S. Tomba Singh of Singjamei Makha
Okram Leikai, P.O. Singjamei, Imphal West District, Manipur.
3. Smt. Nahakpam Ningol Thoudam Ongbi Memcha Devi, aged
about 60 years, wife of Th. Irabot Singh of Singjamei Makha
Khongnangpheidekpi, Kakwa Aheibam Leikai, P.O. Singjamei,
Imphal West District, Manipur.
Respondents

With RFA No. 3 of 2015

Shri Nahakpam Mangi Singh, aged about 75 years, S/O (L) N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

Appellant Vs.

1. Shri Nahakpam Ingo Singh, aged about 70 years, S/O (L) N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

RFA No. 2 of 2015 &Ors. Page 1

2. Shri Nahakpam John Singh, aged about 66 years, S/O (L) N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

3. Shri Yumnam Brojen Singh, aged about 48 years, S/O Y. Kalamu Singh of Ningthoukhong Bazar, B.P.O. Bishnupur District, Manipur.

4. Smt. Yumnam Ongbi Rita Devi, aged about 46 years, W/O Y. Brojen Singh of Ningthoukhong Bazar, B.P.O. Bishnupur District, Manipur.

Respondents

5. Smt. Nahakpam Ningol Sairem Ongbi Manishang Devi, aged about 68 years, W/O S. Tomba Singh of Singjamei Makha Okram Leikai, P.O. Singjamei, Imphal West District, Manipur.

6. Smt. Nahakpam Ningol Thoudam Ongbi Memcha Devi, aged about 60 years, W/O Th. Irabot Singh of Singjamei Makha Khongnangpheidekpi, Kakwa Aheibam Leikai, P.O. Singjamei, Imphal West District, Manipur.

Proforma Respondents With RFA No. 4 of 2015

Shri Nahakpam Mangi Singh, aged about 75 years, S/O (L) N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

Appellant Vs.

1. Shri Nahakpam Ingo Singh, aged about 70 years, S/O (L) N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

2. Shri Nahakpam John Singh, aged about 66 years, S/O (L) N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur .

3. Shri Yumnam Brojen Singh, aged about 48 years, S/O Y. Kalamu Singh of Ningthoukhong Bazar, B.P.O. Bishnupur District, Manipur.

4. Smt. Yumnam Ongbi Rita Devi, aged about 46 years, W/O Y. Brojen Singh of Ningthoukhong Bazar, B.P.O. Bishnupur District, Manipur.

Respondents

5. Shri. Nahakpam Ningol Sairem Ongbi Manishang Devi, aged about 68 years, W/O S. Tomba Singh of Singjamei Makha Okram Leikai, P.O. Singjamei, Imphal West District, Manipur.

                                                    Proforma Respondents

RFA No. 2 of 2015 &Ors.                                                Page 2
                                    With
                          MC (RFA) No. 16 of 2022
                           [Ref: RFA No. 3 of 2015]

1. Shri Nahakpam Mangi Singh, aged about 82 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

2. Shri Nahakpam Ingo Singh, aged about 77 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

3. Shri Nahakpam John Singh, aged about 66 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur, now died, by his legal representative:-

Shri Nahakpam Rahul Singh, aged about 35 years, S/o Late Nahakpam John Singh of Lairikyengbam Makha Leikai, P.O. Mantripukhi, Imphal East District, Manipur now presently at Quarter No. 21, Type 3 Aayakar Awaas Mahapurush Mahadev Path, VIP Road, Guwahati, Assam 781036, represented by his power of attorney holder namely Aldrin Nahakpam, aged about 49 years, S/o. Nahakpam Ingo Sing of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

4. Smt. Nahakpam Ningol Sairem Ongbi Manishang Devi, aged about 75 years, W/o Late S. Tomba Singh of Singjamei Makha Okram Leikai, P.O. Singjamei, Imphal West District, Manipur.

5. Smt. Nahakpam Ningol Thoudam Ongbi Memcha Devi, aged about 67 years, W/o Late Th. Irabot Singh of Singjamei Makha Khongnangpheidekpi, Kakwa Aheibam Leikai, P.O. Singjamei, Imphal West District, Manipur.

6. Shri Yumnam Brojen Singh, aged about 55 years, S/o Y. Kalamu Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

7. Smt. Yumnam Ongbi Rita Devi, aged about 53 years, wife of Y. Brojen Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

Applicants

With MC (RFA) No. 17 of 2022 [Ref: RFA No. 4 of 2015]

1. Shri Nahakpam Mangi Singh, aged about 82 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

RFA No. 2 of 2015 &Ors. Page 3

2. Shri Nahakpam Ingo Singh, aged about 77 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

3. Shri Nahakpam John Singh, aged about 66 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur, now died, by his legal representative:-

4. Smt. Nahakpam Ningol Sairem Ongbi Manishang Devi, aged about 75 years, W/o Late S. Tomba Singh of Singjamei Makha Okram Leikai, P.O. Singjamei, Imphal West District, Manipur.

5. Smt. Nahakpam Ningol Thoudam Ongbi Memcha Devi, aged about 67 years, W/o Th. Irabot Singh of Singjamei Makha Khongnangpheidekpi, Kakwa Aheibam Leikai, P.O. Singjamei, Imphal West District, Manipur.

6. Shri Yumnam Brojen Singh, aged about 55 years, S/o Y. Kalamu Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

7. Smt. Yumnam Ongbi Rita Devi, aged about 53 years, wife of Y. Brojen Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

Applicants With MC (RFA) No. 18 of 2022 [Ref: RFA No. 2 of 2015]

1. Shri Nahakpam Mangi Singh, aged about 82 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphal, Imphal West District, Manipur.

2. Shri Nahakpam Ingo Singh, aged about 77 years, S/o Late N. Birachandra Singh of Thangmeiand Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

3. Shri Nahakpam John Singh, aged about 66 years, S/o Late N. Birachandra Singh of Thangmeiand Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur, now died, by his legal representative:-

RFA No. 2 of 2015 &Ors. Page 4 Mahadev Path, VIP Road, Guwahati, Assam 781036, represented by his power of attorney holder namely Aldrin Nahakpam, aged about 49 years, S/o. Nahakpam Ingo Sing of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

4. Smt. Nahakpam Ningol Sairem Ongbi Manishang Devi, aged about 75 years, W/o Late S. Tomba Singh of Singjamei Makha Okram Leikai, P.O. Singjamei, Imphal West District, Manipur.

6. Shri Yumnam Brojen Singh, aged about 55 years, S/o Y.

Kalamu Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

7. Smt. Yumnam Ongbi Rita Devi, aged about 53 years, W/o Y.

Brojen Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

Applicants

With MC (RFA) No. 19 of 2022 [Ref: RFA No. 3 of 2015]

Smt. Nahakpam Ningol Sairem Ongbi Manishang Devi, aged about 74 years, D/O Late N. Birachandra Singh (W/o Late S. Tomba Singh) of Langjing Achouba Awang Leikai, P.O. & P.S. Lamphel, Imphal West District Manipur.

Applicant Vs.

1. Shri Nahakpam Mangi Singh, aged about 82 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

2. Shri Nahakpam Ingo Singh, aged about 77 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

3. Shri Nahakpam John Singh, aged about 66 years, S/o Late N. Birachandra Singh of Thangmeiand Yumnam Leikai, P.O. and P.S. Lamphel, Imphal West District, Manipur, now died, and represented by his son:

Shri Nahakpam Rahul Singh, aged about 35 years, S/o Late N. Ingo Singh of Lairikyengbam Makha Leikai, P.O. Mantripukhi, Imphal East District, Manipur now presently at Quarter No. 21, Type 3 Aayakar Awaas Mahapurush Mahadev Path, VIP Road, Guwahati, Assam 781036, represented by his power of attorney holder namely Aldrin Nahakpam, aged about 49 years, S/o. Nahakpam Ingo Sing of Thangmeiband Yumnam Leikai, P.O. and P.S. Lamphel, Imphal West District, Manipur.

RFA No. 2 of 2015 &Ors. Page 5

4. Smt. Nahakpam Ningol Thoudam Ongbi Memcha Devi, aged about 67 years, D/o Late N. Birachandra Singh (W/O Th. Irabot Singh) of Singjamei Makha Khongnangpheidekpi, Kakwa Aheibam Leikai, P.O. Singjamei, Imphal West District, Manipur.

5. Shri Yumnam Brojen Singh, aged about 55 years, S/o Y. Kalamu Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

6. Smt. Yumnam Ongbi Rita Devi, aged about 53 years, W/O Y. Brojen Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

Respondents With MC (RFA) No. 20 of 2022 [Ref: RFA No. 4 of 2015]

Applicant Vs.

1. Shri Nahakpam Mangi Singh, aged about 82 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphel, Imphal West District, Manipur.

2. Shri Nahakpam Ingo Singh, aged about 77 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. and P.S. Lamphel, Imphal West District, Manipur.

3. Shri Nahakpam John Singh, aged about 66 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. and P.S. Lamphel, Imphal West District, Manipur, now died and represented by his son:

5. Shri Yumnam Brojen Singh, aged about 55 years, S/o Y. Kalamu Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

RFA No. 2 of 2015 &Ors. Page 6

6. Smt. Yumnam Ongbi Rita Devi, aged about 53 years, W/O Y. Brojen Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

Respondents

With MC (RFA) No. 21 of 2022 [Ref: RFA No. 2 of 2015]

Applicant Vs.

1. Shri Nahakpam Mangi Singh, aged about 82 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. Lamphal, Imphal West District, Manipur.

2. Shri Nahakpam Ingo Singh, aged about 77 years, S/o Late N. Birachandra Singh of Thangmeiband Yumnam Leikai, P.O. and P.S. Lamphel, Imphal West District, Manipur.

5. Shri Yumnam Brojen Singh, aged about 55 years, S/o Y. Kalamu Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

6. Smt. Yumnam Ongbi Rita Devi, aged about 53 years, W/O Y. Brojen Singh of Ningthoukhong Bazar, B.P.O. Bishnupur, Bishnupur District, Manipur.

                                                                 Respondents



RFA No. 2 of 2015 &Ors.                                                  Page 7
                             BEFORE

HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

For the appellants in RFA No. 2 of 2015 : Mr. Th. Henba, Advocate For the appellant in RFA Nos. 3 & 4 of 2015 : Mr. T. Rajendra, Advocate For respondent No. 2 in RFA No. 2 of 2015 & : Mr. Kh. Rajesh Kumar, Advocate respondent No. 5 in RFA Nos. 3 & 4 of 2015 For respondent No. 3 in RFA No. 2 of 2015 & : Mr. Debajit Sharma, Advocate respondent No. 6 in RFA Nos. 3 & 4 of 2015.

 Date of Order                                  :      22.09.2022




                                   ORDER (ORAL)
Sanjay Kumar (C.J.):

[1]             Common judgment and decrees dated 11.12.2014 were passed by

the   learned     Civil   Judge,   Senior   Division   No.    1,   Manipur    East,     in

OS No. 16/05/30/09/73/12 and OS No. 1/06/31/09/72/12.

RFA No. 2 of 2015 was filed by defendants No. 1, 2 5, 6 & 7 in

OS No. 16/05/30/09/73/12 aggrieved by the said judgment dated 11.12.2014 in

so far as it pertained to that suit.

RFA No. 3 of 2015 was filed by the plaintiff in OS No.

16/05/30/09/73/12 as the Trial Court had decided some issues against him in its

common judgment dated 11.12.2014.

RFA No. 4 of 2015 was filed by the plaintiff in OS No.

1/06/31/09/72/12 aggrieved by the denial of certain reliefs by the Trial Court,

vide its common judgment dated 11.12.2014.

[2] Mr. Th. Henba, learned counsel, appears for the appellants in RFA

No. 2 of 2015 while Mr. T. Rajendra, learned counsel, appears for the appellant in

RFA No. 2 of 2015 &Ors. Page 8 RFA Nos. 3 & 4 of 2015. Mr. Kh. Rajeshkumar, learned counsel, appears for

respondent No. 2 in RFA No. 2 of 2015 and respondent No. 5 in RFA Nos. 3 & 4

of 2015 while Mr. Debajit Sharma, learned counsel, appears for respondent No. 3

in RFA No. 2 of 2015 and respondent No. 6 in RFA Nos. 3 & 4 of 2015.

[3] During the pendency of these appeals, it appears that the parties

thereto amicably settled the matter amongst themselves. They filed

miscellaneous cases praying that this Court should recorded the terms thereof.

MC (RFA) No. 16 of 2022 was jointly filed in RFA No. 3 of 2015 while MC (RFA)

No. 17 of 2022 was filed in RFA No. 4 of 2015 and lastly, MC (RFA) No. 18 of

2022 was filed in RFA No. 2 of 2015.

At that stage, Mr. Kh. Rajeshkumar, learned counsel for respondent

No. 5 in RFA No. 3 & 4 of 2015 and respondent No. 2 in RFA No. 2 of 2015 filed

MC (RFA) Nos. 19, 20 & 21 of 2022 in relation to RFA Nos. 3, 4 & 2 of 2015

respectively, raising objections to the terms of the compromise set out therein.

When the cases were taken up for hearing on 18.08.2022,

Mr. T. Rajendra, learned counsel, appearing for the appellant in RFA Nos. 3 & 4

of 2015, stated that his client would arrange for a meeting between the client of

Mr. Kh. Rajeshkumar, learned counsel, and the three tenants in occupation of the

shops that fell to her share in the compromise so that a decision could be taken

by her as the future course of action in so far as those shops were concerned.

The cases were accordingly adjourned to enable a meeting to take place so that

the compromise could be given effect to for the benefit of all the parties.

[4] Today Mr. Kh. Rajeshkumar, learned counsel, would inform this

Court that the apprehensions and grievances of his client stand settled and that

RFA No. 2 of 2015 &Ors. Page 9 she is fully satisfied with the deed of compromise which was put forth in the

miscellaneous cases filed in the three appeals for recording the same.

In that view of the matter, MC (RFA) No. 19 of 2022, MC (RFA) No.

20 of 2022, MC (RFA) No. 21 of 2022 do not survive for consideration as the

objections raised by the applicant therein stand settled, owing to the later

developments whereby her grievances have been fully addressed.

In consequence, there is no hindrance to acting upon the joint

compromise petitions filed by the parties in MC (RFA) No. 16 of 2022, MC (RFA)

No. 17 of 2022 and Mc (RFA) No. 18 of 2022 in the three appeals. The Deed of

Compromise dated 05.08.2022 executed by and between the parties is filed

therewith and sets out the terms of the compromise from page 3 to page 10, by

way of 15 clauses.

[5] MC (RFA) Nos. 19, 20 & 21 of 2022 are accordingly dismissed as

infructuous, as the grievances of the applicant therein have been settled.

MC (RFA) Nos. 16, 17 and 18 of 2022 are ordered, accepting the

joint prayer of the parties for disposal of the appeals recording the terms and

conditions of the Deed of Compromise dated 05.08.2022.

RFA No. 2 of 2015, RFA No. 3 of 2015 and RFA No. 4 of 2015 are

disposed of recording the terms and conditions of the Deed of Compromise dated

05.08.2022. The said terms and conditions shall be read as part and parcel of

this judgment and decrees shall be drawn up to that effect in all the three

appeals so that the terms and conditions thereof are final, conclusive and binding

on all the parties.

RFA No. 2 of 2015 &Ors. Page 10 In the light of this judgment and the compromise decrees to be

passed thereon, the common judgment and decrees dated 11.12.2014 of the

learned Civil Judge, Senior Division No. 1, Manipur East, in OS Nos

16/05/30/09/73/12 and 1/06/31/09/72/12 shall stand modified to that extent.

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




                                                             CHIEF JUSTICE
Sapana




RFA No. 2 of 2015 &Ors.                                                  Page 11