Citation : 2023 Latest Caselaw 259 Mani
Judgement Date : 6 October, 2023
SHAMURAILATPAM SUSHIL Digitally signed by SHAMURAILATPAM Page |1
SUSHIL SHARMA
SHARMA Date: 2023.10.06 16:59:09 +05'30'
Items No. 22-23
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MAF No. 1 of 2023
Smt. Naorem Ongbi Ibemhal Devi
...Appellant
- Versus -
Ngangom Ibochou Singh and 2 Ors.
...Respondents
With MC(MAF) No. 1 of 2023
BEFORE HON'BLE THE ACTING CHIEF JUSTICE M.V. MURALIDARAN
06.10.2023
[1] Heard Mr. P. Tomcha, learned counsel for the appellant
in MAF No. 1 of 2023 and for the applicant in MC(MAF) No. 2023.
[2] The fourth respondent in WP(C) No. 2002 of 2001 has
filed civil suit before the learned Civil Judge (Senior Division), Imphal
West, Manipur in O.S. No. 42 of 2023 in which he filed Judl. Misc.
case No. 369 of 2023 and the learned Civil Judge (Senior Division),
Imphal West, Manipur, under Order 39 Rule 1 of CPC, considering his
case, on 29.09.2023, dismissed the said Misc. application. Against the
order, this MAF No. 1 of 2023 has been filed by the plaintiff/ petitioner
before this Court.
[3] On perusal of the records attached with this Appeal, this
Bench came to know that there is a Judgment in WP(C) No. 2002 of
2001 dated 05.09.2023 (Annexure-A/4) in which the present petitioner
was the fourth Respondent and the respondent is the petitioner in the Page |2
said writ petition. It is further come to know that the fourth Respondent
in the writ petition has filed the suit for the same prayer sought for in
the writ petition. This Bench already decided the case between this
Appellant and the Respondent and therefore, this Bench is not
inclined to interfere in this case.
[4] Therefore, Registry is directed to post the matter before
the another Bench.
[5] The Registry is also directed to place the matter before
Hon'ble the Acting Chief Justice for administrative order.
ACTING CHIEF JUSTICE
Sushil
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