Md. Thambou Alias Niyaj Ali & 7 Ors vs Md. Islamuddin & 7 Ors
2023 Latest Caselaw 27 Mani

                                                                        Item No. 1

                    IN THE HIGH COURT OF MANIPUR
                              AT IMPHAL

                              CRP No. 2 of 2023

       Md. Thambou Alias Niyaj Ali & 7 Ors.
                                                            ...Petitioners
                                     - Versus -
       Md. Islamuddin & 7 Ors.
                                                         ...Respondents

                          B EF O R E
          HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

                                  ORDER

13-01-2023

Heard Mr. Th. Mahira, learned counsel for the petitioners.

Notice to the respondents, returnable on 10-02-2023.

Steps shall be taken to effect service of notice upon the respondents

by speed post for the date fixed and proof of such service shall be filed.

Perusal of the order dated 06-01-2023, presently under revision,

passed by the learned Civil Judge (Junior Division), Thoubal, in Judl. Misc.

Case No. 2 of 2023 (Ref: Execution Case No. 2 of 2019) reflects that the

judgment of the Supreme Court in Brahmdeo Chaudhury vs. Rishikesh

Prasad Jaiswal & Anr [(1997) 3 SCC 694] was not taken note of, though it

was specifically referred to by the petitioners in their application. In terms of

the law laid down therein, it would not be necessary for a third party in

possession to suffer actual dispossession before he approaches the Court

against a threat to his possession. The Supreme Court held to the effect that

such a person would be entitled to invoke the jurisdiction of the Executing

Court under Order 21 Rule 97 CPC and he need not avail the remedy under

Order 21 Rule 99 CPC only after being dispossessed. As this aspect of the

matter has not even been considered by the Executing Court, there shall be

stay of further proceedings in Execution Case No. 2 of 2019 on the file of

the learned Civil Judge (Junior Division), Thoubal, till the next date of

hearing.

Post on 10-02-2023.

                                                   CHIEF JUSTICE

Victoria




NINGOM Digitally  signed
         by NINGOMBAM
BAM      VICTORIA
         Date: 2023.01.13
VICTORIA 12:23:51 +05'30'