Manipur High Court
Vinod Kumar Sharma And Another vs Radha Krishna And 6 Others on 29 October, 2025
SHAMURAILATPAM SUSHIL SHARMA Digitally signed by SHAMURAILATPAM SUSHIL SHARMA
Date: 2025.10.30 17:10:53 +05'30'
Sl. Nos. 10-13
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
CRP (CRP Art. 227) No. 29 of 2025
Vinod Kumar Sharma and another
Petitioners
Vs.
Radha Krishna and 6 others
Respondents
Clubbed with MC(CRP(CRP Art. 227)) No. 39 of 2025
With MC(CRP(CRP Art. 227)) No. 45 of 2025
With MC(CRP(CRP Art. 227)) No. 67 of 2025
BEFORE
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
ORDER
29.10.2025
[1] Read this in conjunction with and in continuation of earlier
proceedings made in the previous listings, more particularly, the proceedings
made in the listing on 17.10.2025.
[2] Today, Mr. A. Golly, learned counsel for the two revision
petitioners and Mr. Sarvan Kumar, learned counsel for respondents 1-5 and
7 are before this Court.
[3] Previous proceeding dated 17.10.2025 reads as follows :
'17.10.2025.
Read this in conjunction and in continuation of the earlier
proceedings made in previous listing on 15.10.2025 which reads as follows:
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"There is no representation for the 2(two) revision petitioners either
in the physical Court or on the VC platform.
Mr. Sarvan Kumar, learned counsel for the respondent Nos. 1 to 5
and proforma respondent No.7 is before physical Court and the
learned counsel is ready to make submission.
This matter stand over to day after tomorrow (17.10.2025) for the
purpose of giving opportunity to 2(two) revision petitioners and their
counsel.
Be that as it may, as regards 6th respondent, though case file shows
that notice had been dispatched by Speed Post with the
acknowledgement card, proof of service is yet to be filed.
This Court is informed by the Registry that proof of service is yet to
be filed by the revision petitioners. This aspect i.e., aspect regarding
service qua 6th respondent will be examined in the next listing, day
after tomorrow.
As regards the undertaking given by the revision petitioners on
09.10.2025 i.e., undertaking that the petitioners are not doing any
civil construction work and will not put any civil construction work
as well as the interim order already granted on 27.05.2025, extended
from time to time, last extended on 13.10.2025 and now operating,
will stand extended till next listing i.e., day after tomorrow."
2. Today Mr. A. Golly, learned counsel on record for the 2 revision
petitioners is before this Court (physical Court).
3. Mr. Sarvan Kumar, learned counsel for respondent Nos. 1 to 5 and
proforma respondent No.7 is before this Court on the video conferencing
platform.
4. Adverting to earlier proceeding dated 15.10.2025, Mr. A. Golly,
learned counsel for revision petitioners submitted that notice to all the
respondents was issued by this Court on 27.05.2025 and pursuant to
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27.05.2025 judicial order, steps were taken on 29.05.2025 itself the
acknowledgment in this regard has been placed before this Court and a
scanned reproduction of the same is as follows:
5. Learned counsel for petitioners submitted that he is yet to file the
consignment track report and he will do so by Monday i.e., 27.10.2025. If it
is not done by close of court working hours on Monday, it is made clear that
CRP against respondent No.6 will stand dismissed and matter will be heard
out on merits.
6. As regards undertaking by the revision petitioners and interim order as
captured in the 15.10.2025 proceeding, the same will continue till next listing
which will be on 29.10.2025.
7. List on 29.10.2025. '
[4] As would be evident from the proceedings made in the
previous listing on 17.10.2025, the issue surrounds effecting service qua R6.
Though arrayed as R6, technically, there are 6 (six) individuals. This, in the
considered view of this court, comes across as procedurally incorrect. Be
that as it may, there is no dispute between the parties that all the six
individuals are legal heirs of late Purnananda Sharma who is judgment
debtor in Executing Court. Therefore, effecting service on the six individuals
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has become necessary. To be noted, of the six individuals, one is no more
viz., Smt. Kamla Devi Sharma, wife of Purnananda Sharma. Therefore,
service has to be effected on five individuals. As regards 5 (five) individuals,
Smt. Kaushalya Sharma is revision petitioner's sister-in-law being wife of
their deceased elder brother Mahendrakumar Sharma who predeceased
Purnananda Sharma and died in May of 1989. Second individual Shri
Nishanka Sharma is Kaushalya Sharma's son and he is residing in Haryana
with his mother. Third individual Taressa Sharma is daughter of deceased
Mahendrakumar Sharma and she is residing in Mumbai. Fourth and fifth
individuals i.e., Bharti Joshi and Aruna Sharma are blood sisters of revision
petitioners.
[5] The above details have been given to the court by Mr. A. Golly,
learned counsel for revision petitioners, on instructions from first revision
petitioner Mr. Vinod Kumar Sharma, S/o late Purnananda Sharma who is
present in court and who is instructing him. These submissions are recorded.
[6] On behalf of Mr. Vinod Kumar Sharma, Mr. A. Golly seeks a
short accommodation to get instructions from Mr. Vinod Kumar Sharma's
afore-referred sister-in-law, nephew, niece and two sisters and revert to this
Court. Let the same be done.
[7] As learned counsel for R1 to R5 and R7 raises an issue
regarding the copy of the impugned order dated 14.05.2025 made by the
executing court (to be noted, learned counsel says that it is in variance with
the original) and as it is not clear as to whether all the respondents were
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served in the executing court, Registry to requisition the entire records in
E.P. No. 48 of 2017 (previously E.P. No. 17 of 2013 and E.P. No. 9 of 2012)
on the file of Civil Judge, Senior Division, Imphal West.
[8] Both sides also submitted that they will explore the possibility
of agreeing on a mediator and report to this Court. Let the same also be
done.
[9] Records received from the executing court shall be retained in
a sealed envelope in the office of the Registrar (Judicial) and the same shall
be produced in the next listing which shall be on 04.11.2025.
[10] As regards the undertaking given by the revision petitioners
and the interim order as captured in 15.10.2025 proceedings the same shall
continue until further orders.
CHIEF JUSTICE
Sushil
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