Rajkumar Chourjit Singh vs Sorensangbam Enjibala Devi And ...
2023 Latest Caselaw 291 Mani

KABORAMB
AM LARSON                                                                               Item - 15-17

Digitally signed by
KABORAMBAM
LARSON
Date: 2023.10.25
                                  IN THE HIGH COURT OF MANIPUR
15:22:49 +05'30'
                                            AT IMPHAL


                                      CRP(C.R.P.Art.227) No.50 of 2023


                      RAJKUMAR CHOURJIT SINGH
                                                                                     ....Petitioner/s
                                                       - Versus -

                      SORENSANGBAM ENJIBALA DEVI AND ANOTHER
                                                                                   ...Respondent/s

                               With MC[CRP(C.R.P.Art.227)] No.49 of 2023

                               With MC[CRP(C.R.P.Art.227)] No.50 of 2023


                                             BEFORE
                            HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
                                                        ORDER

25.10.2023

[1] Heard Mr. M. Ibohal, learned counsel for the petitioner.

[2] It is the case of the petitioner that he is third party in the suit.

Vide order dated 31.01.2023 in RSA No.2 of 2018, this Court held in

favour of respondent No.1 herein/decree holder and directed for eviction

of the judgment debtor and his agents from the suit land. The petitioner

who is third party, filed Judl.Misc.Case No.332 of 2023 and 333 of 2023

before the Executing Court to put on hold the execution proceeding and

for preventing demolition of the structure in the suit land till the disposal of the Execution Case No.2 of 2023 pending before the Court of Ld. Civil

Judge (Senior Division), Imphal West. The 2(two) applications were

dismissed under order dated 26.09.2023 before the Ld. Executing Court

and directed for eviction of the applicants/judgment debtors and his

agents and demolition of the structure in the suit land. Being aggrieved by

the impugned order, the applicant approached this Court. It is also stated

that the Review Petitions being MC(Rev.Pet(J2)) No.2 of 2023 with Rev.

Pet.(J2) No.3 of 2023 with Rev. Pet. (J2) No.4 of 2023 with Rev. Pet. (J2)

No.5 of 2023 filed by the present petitioner, are pending before this Court

and the matter are listed on 31.10.2023. The petitioner also filed Original

(Probate) Suit No.2 of 2023 in the Court of Ld. District Judge, Imphal

West for execution of the will with respect to suit property given to him by

his late grandfather. The probate case is also registered on 31.10.2023

before the Ld. District Judge, Imphal West and the stage is at examination

of witness.

[3] Issue notice to respondent Nos.1 & 2 in the Petition as well as

in the Misc.Applications.

[4] The petitioner is permitted to take step upon respondent Nos.1

& 2 in the Petition as well as the Misc.Applications by dasty returnable on

31.10.2023.

[5] List these cases on 31.10.2023 before the roster Court along

with the connected Review Petitions.

[5.1] The prayer for interim relief will be considered on the next

returnable date.

[6] Furnish a copy of this order to the learned counsels appearing

for the parties during the course of the day.

JUDGE

- Larson