[Cites 2, Cited by 0]
Manipur High Court
Jinripou Pheiga Gangmei vs Lungai Kamei & 6 Ors on 4 December, 2025
LAIRENM Digitally
by
signed
AYUM LAIRENMAYUM
INDRAJEET
Item Nos. 8 & 9
INDRAJE SINGH
Date: 2025.12.05 IN THE HIGH COURT OF MANIPUR
ET SINGH 13:54:39 +05'30' AT IMPHAL
CRP(CRP.Art.227) No. 31 of 2025
With
MC(CRP(CRP.Art.227)) No. 44 of 2025
Jinripou Pheiga Gangmei
Petitioner/s
Vrs.
Lungai Kamei & 6 ors.
Respondent/s
BEFORE
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
(ORDER)
04.12.2025
Captioned main Civil Revision Petition (CRP) has been filed assailing
'an order dated 09.04.2025 made in Judl. Misc. Case No. 46 of 2024, Ref: O.S. No.
1 of 2012' (impugned order). To be noted, impugned order has been made by 'the
Court of Civil Judge (Junior Division), Tamenglong at Tamenglong Court Complex'
and this Court shall be referred to as 'Trial Court' for the sake of convenience and
clarity.
In the Trial Court, Original Suit No. 1 of 2012 was filed by R1 in
captioned CRP. To be noted, 'R1' is a reference of 'first respondent' and similar
abbreviations/ references will be used with regard to other respondents also.
'Original Suit No. 1 of 2012 on the file of Trial Court' shall be referred to as 'said
suit' for the sake of convenience.
In the said suit, prayer is for a declaration that Judgment & Decree
dated 23.07.1996 in O.S. No. 12 of 1995 on the file of learned Civil Judge(Senior
Division), Manipur West is null and void as according to R1 the same has been
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obtained by fraud by father of defendant Nos. 1 to 4 who are R2 to R5 before this
Court. There are other consequential relief/reliefs too but it is not necessary to
dilate on same in instant order. In such circumstances, revision petitioner before
this Court took out afore-referred Judl. Misc. Case No. 46 of 2024, in the said suit
in the Trial Court with a prayer to add him(implead him) as defendant No. 7. This
implead application is under Order I Rule 10(2) read with Section 151 of the Code
of Civil Procedure 1908 (CPC). The primary ground on which revision petitioner
sought impleadment is that in and vide afore-referred 'Judgment & Decree dated
23.07.1996 in O.S. No. 12 of 1995 on the file of learned Civil Judge(Senior
Division), Manipur West' (hereinafter, 'impugned decree' for the sake of
convenience and clarity), the revision petitioner's uncle one Lembui Pheiga
Gangmei (revision petitioner father's cousin) was declared to have possessory
rights over the entire village land being Oinamlong Village with heritable rights
during the pleasure of Village Chief, Khullakpa who is Ex-Officio Chairman of the
Oinamlong Village Authority. It is the case of the revision petitioner that he was
recognized as Khunbu/Chief of Oinamlong Village (Ex-Officio Chairman of
Oinamlong Village) vide an order dated 10.10.2019 made by the Government of
Manipur (TA & Hills Department). It was contended by the revision petitioner in
the implead petition that if the impugned decree is disturbed, it will directly affect
the rights of the revision petitioner and therefore he is a necessary party qua said
suit. Be that as it may, learned counsel for revision petitioner Mr. Serto T. Kom
points out that the 10.10.2019 order made by the Government of Manipur was
assailed in WP(C) No. 985 of 2019 and the same has been carried in intra Court
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appeals vide WA No. 12 of 2024 and WA No. 14 of 2024 and the same are pending
in this Court.
It is in the aforesaid scenario that the impugned order has been
made by the Trial Court rejecting the implead application of the revision petitioner
primarily on the ground of delay.
It is contended that this is incorrect but in any event it prima facie is
clear that outcome of writ appeals WA No. 12 of 2024 and WA No. 14 of 2024 may
have a bearing.
As regards the respondents, Mr. Wellsther, learned counsel junior to
Mr. Decembering, learned counsel for R1, Mr. K.R. Pamei, learned counsel for R6
and Mr. B. Roshnikumar, learned counsel for R7, are before this Court. As regards
R2 to R5, they have been duly served but they have neither chosen to enter
appearance through counsel nor come before this Court.
In the aforesaid backdrop, learned counsel for R1 requests for an
adjournment citing difficulty for his senior Mr. Decembering who is to argue this
case and requests for listing after winter vacation i.e., after 12.01.2016. Learned
counsel for R6 & R7 submit that they would argue after R1.
In the facts setting narrated supra, learned counsel for revision
petitioner submits that said suit in the Trial Court is now listed on 10.12.2025 for
examination of plaintiff's side witnesses.
If the trial proceeds, it can lead to avoidable legal complications.
It is clear that prima facie case has been made out as the revision
petitioner is placing his right as Khunbu qua Oinamlong Village by tracing the same
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to the impugned decree as well as order of Manipur Government dated 10.10.2019
which in any event is under challenge qua writ appeals. This also means that legal
injury can be caused if the suit proceeds and if verdict is returned one way or the
other.
Prayer in the captioned Miscellaneous Case is as follows:
'In view of the above stated facts and
circumstances, it is humbly prayed that, your Lordships be pleased
to pass an interim order;
(1) To stay the proceeding of the O.S. No. 1 of 2012, pending
before the Court of Civil Judge (Sr.Division) Tamenglong,
Manipur, during the pendency of this petition and
(2) To pass any Order or orders as deem fit by this Hon'ble High
Court.'
As prima facie case has been made out, balance of convenience is in
favour of grant of interim stay and as irreparable legal injury determinant is also
in favour of grant of interim stay, there shall be an order of interim stay as prayed
for until further orders.
List after winter vacation as sought for by learned counsel for R1.
List on 15.01.2026.
CHIEF JUSTICE
Indrajeet
P.S. I : Upload Forthwith
P.S. II : All concerned will remain bound by this order as uploaded in the official website of
High Court
P.S. III : Registry to communicate this order to the Court of Civil Judge (Sr.Division)
Tamenglong, Manipur forthwith.
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