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Manipur High Court
Wahengbam Inaocha Meetei vs Vrs on 19 December, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
LUCY Digitally signed
by LUCY Suply 2 Item Nos. 5-6
GURUM GURUMAYUM
Date: 2025.12.19 IN THE HIGH COURT OF MANIPUR
AYUM 16:12:16 +05'30' AT IMPHAL
CRP(C.R.P. Art.227) No. 58 of 2025
Wahengbam Inaocha Meetei ...Petitioner/s
Vrs.
Irengbam (O) Lairenlakpam (N) Sandhyarani Devi & Anr
With ...Respondent/s
MC(CRP (C.R.P. Art. 227) No. 104 of 2025
-B E F O R E-
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
19.12.2025
Heard Mr. RK. Birla, learned counsel appearing for the
petitioner.
Issue notice returnable within 4(four) weeks'.
Petitioner is to take steps for service of notice upon
respondent no. 1, 2 & 3 by way of dasti service as well as speed
post service. Steps should be taken within one week and the
petitioner is to file an affidavit showing proof of service of such
notice.
The present application has been filed under Article
227 of the Constitution of India with a prayer for quashing and
setting aside the impugned order dated 27.11.2025 of the Civil
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Judge (Jr. Divn.), Imphal East in Execution Case No. 4 of 2025
(Ref: Original Suit No. 28 of 2017).
It is the case of the petitioner that the Court of Civil
Judge (Jr. Divn.), Imphal East passed an Ex-parte judgment &
order dated 21.12.2024 in O.S No. 28 of 2017 and the operative
portion of the said judgment and order are as under;
"ORDER
In the result, considering all aspects, the Court hereby:
i. Declares that the Plaintiffs have the title over the
suit land on the strength of succession;
ii. Declares that the Defendant No. 1 have no right and
interest in the suit land;
iii. Declares that the sale deed executed on 14/12/2016
being Regd No. 1191 of 2016 in the Sub-Registrar
Sawombung as null and void and not binding on the
Plaintiffs;
iv. Declares and decreed that the Defendants and their
men, agents or their privies are perpetually
restrained from entering upon the suit land."
Thereafter, the Decree holder filed an execution case
which is registered as Execution Case No. 4 of 2025 in the Court of
Civil Judge (Jr. Divn.), Imphal East. It is also the case of the
petitioner that the petitioner filed 2 Judicial Misc. Cases in the Court
of Civil Judge (Jr. Divn.), Imphal East one with a prayer for setting
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aside the Ex-parte judgment and decree dated 21.12.2024 passed
in O.S. No. 28 of 2017 and another with a prayer for condoning the
delay of 302 days in filing the said application for setting aside the
Ex-parte judgment and decree.
It is also the case of the petitioner that condonation
application was registered as Judicial Misc. Case No. 293 of 2025
and the same was taken up by the Civil Judge (Jr. Divn.), Imphal
East on 17.11.2025 and issued summon to the opposite
parties/plaintiff and fix the case on 22.12.2025 for filing written
objection and hearing.
It has been submitted by the learned counsel
appearing for the petitioner that the Civil Judge (Jr. Divn.), Imphal
East took up the Execution Case No. 4 of 2025 on 27.11.2025 and
on that date the counsel for the present petitioner orally prayed
before the executing court for adjournment of the case by
submitting that judgment debtor have already filed 2 misc.
application for setting aside the Ex-parte judgment & decree and
also for condoning the delay in filing the said application and that
the matter has been fixed on 22nd of December, 2025.
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It has also been submitted by the learned counsel that
despite such oral submission being made by the learned counsel for
the petitioner before the executing Court, the Court passed the
order dated 27.11.2025 allowing the execution petition, hence the
present petition.
It has been submitted by the learned counsel
appearing for the petitioner that unless an interim order is passed
for suspending the impugned order dated 27.11.2025 passed in
title Execution Case No. 4 of 2025 during the pendency of this
petition, the aforesaid 2 misc. application filed by the present
petitioner will be rendered infructuous.
In view of the submission made by the learned counsel
appearing for the petitioner, Registry is directed to list these cases
before appropriate roster bench on 12.01.2026 for consideration of
the prayer for passing an appropriate interim order. However, as an
interim measure and till the next date, it is hereby ordered that
operation of the impugned order dated 27.11.2025 shall remain
suspended.
JUDGE
Lucy
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