[Cites 5, Cited by 0]
Manipur High Court
H. Christina vs Agong Kamei on 1 April, 2026
Author: A. Bimol Singh
Bench: A. Bimol Singh
Digitally signed by
KHOIROM KHOIROM
BIPINCHAN BIPINCHANDRA
SINGH Item No. 4 - 5
DRA SINGH Date: 2026.04.03
14:03:36 +05'30' IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MAT. APP. No. 7 of 2025
H. Christina, aged about 44 years, D/o Late kamei
Pouhen Kabui @ Paohemlung Kamei, resident of
Thangmeiband Hijam Dewan Leikai, P.O. & P.S.
Lamphel, Imphal West District.
... Appellant
- Versus -
1. Agong Kamei, aged about 38 years, S/o Late
Pouhen Kabui @ Paohemlung Kamei, resident of
Thangmeiband Hijam Dewan Leikai, P.O. & P.S.
Lamphel, Imphal West District, Manipur -795004.
2. Gaithaolung Kamei, aged about 51 years, S/o
Late Kamei Pouhen Kabui @ Paohemlung Kamei,
resident of Thangmeiband Hijam Dewan Leikai, P.O. &
P.S. Lamphel, Imphal West, Manipur - 795004.
3. Dinithaorei Kamei, aged about 25 years, S/o Late
Kamei Pouhen Kabui @ Paohemlung Kamei, resident of
Thangmeiband Hijam Dewan Leikai, P.O. & P.S.
Lamphel, Imphal West District, Manipur - 795004.
4. Jangpuilu Gangmei, aged about 41 years, W/o.
Dimthaolung, Gangmei, resident of Thangmeiband
Hijam Dewan Leikai, P.O. & P.S. Lamphel, Imphal
West, Manipur - 795004.
5. Maria Pamei, aged about 50 years, W/o. Maimu
Pamei, resident of Thangmeiband Hijam Dewan Leikai,
P.O. & P.S. Lamphel, Imphal West, Manipur - 795004.
... Respondents
With
MC(MAT. APP.) No. 19 of 2025
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BEFORE
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE A. BIMOL SINGH
For the appellant : Mr. D. Julius Riamei, Advocate
For the respondents : Mr. Th. Kunjaraj, Advocate
Date of hearing & order : 01.04.2026
O R D E R
[M. Sundar, CJ]
[1] A very interesting scenario has unfurled in the
captioned matter. Captioned matter was referred to mediation,
mediation was successful, settlement has been arrived at and terms
of settlement have been reduced to writing but learned counsel for
appellant (instead of an order in terms of the terms of settlement)
seeks leave of this Court to withdraw the captioned appeal as well
as 'miscellaneous case' ('MC' for the sake of convenience) thereat
with preservation of rights to file a suit afresh. The reason is, Mr.
D. Julius Riamei, learned counsel for sole appellant and Mr. Th.
Kunjaraj, learned counsel for respondents submit in one voice, that
captioned matter is directly and squarely covered by an order dated
19.02.2026 made in MAT. APP. No. 6 of 2026 by this Court and
reproduction of this order is as follows:
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'[1] After some arguments, Mr. TH. Kunjaraj
Singh, learned counsel on record for the sole appellant
sought leave of this Court to withdraw captioned appeal but
made a plea to preserve all the rights and contentions of
the sole appellant to file another suit in the jurisdictional
Family Court seeking declaration qua State and other
Governmental authorities who may be necessary for
appellant to get Family Pension vide office memorandum
dated 17.05.2011 made by Government of Manipur
Secretariat: Finance Department (Pay Implementation Cell)
read with a corrigendum dated 27.06.2011.
[2] A scanned reproduction of the endorsement
made by learned counsel on record for sole appellant in the
case file is as follows:
[3] Though it is a case of withdrawal, we deem it
appropriate to write that withdrawal became necessary
inter-alia owing to Section 35 of the Specific Relief Act,
1963 ('sad Act') which makes it clear that a declaration qua
Chapter VI of said Act (captioned 'Declaratory Decree') is
binding only on the parties to the suit. In the case on hand,
State/Governmental authorities concerned are not
party/parties to the suit. To be noted, there is no dispute
that the sole appellant filed the suit being
Matrimonial(Declaration) Suit No. 7 of 2025 CNR: MNIW05-
000312-2025 on the file of the Family Court Manipur at
Lamphelpat Imphal solely for the purpose of claiming family
pension qua her late father, Mr. Huidrom Gyanesor Singh
who was a Government employee/Government servant and
who was working as Superintendent under the Deputy
Director of Industries, Department of Industries,
Government of Manipur, retired from service on 30.06.2010
and died 01.05.2023.
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[4] If the sole appellant files a suit seeking
declaration regarding afore-referred subject matter
arraying State/instrumentalities of State/Government
authorities concerned qua family pension vide afore-
referred office memorandum and corrigendum thereat, the
same shall be entertained by the jurisdictional Family Court
and for this purpose, we make it clear that such a suit, if
filed will not be hit by res-judicata vide section 11 of the
Code Civil Procedure 1908 (CPC) as it would not be 'suit
between the same parties'. However, the suit will be
examined/tried on its own merits and in accordance with
law untrammeled by withdrawal of captioned appeal.
[5] In the light of the narrative thus far and in
the light of endorsement made by learned counsel on
record for sole appellant, captioned appeal is disposed of
as closed/withdrawn albeit with preservation of rights and
contentions in the aforesaid manner and observations as
above.
[6] There shall be no order as to costs.'
Afore-referred learned counsel on both sides submit
that a similar order may please be made in instant case. In this
regard, Mr. D. Julius Riamei, learned counsel for appellant has
made an endorsement in the case file and scanned reproduction of
the same is as follows:
Page 4|5
[2] In the light of the narrative thus far, captioned
statutory appeal under Section 19 of 'Family Courts Act, 1984' and
captioned MC thereat are disposed of as withdrawn / closed albeit
with preservation of rights and contentions in the manner set out
in 19.02.2026 order more particularly Paragraph No. 4 thereat. For
the sake of specificity, this Court deems it appropriate to clarify that
if the appellant files a suit afresh, the same shall be entertained by
the jurisdictional matrimonial Court by strictly inherent to Paragraph
No. 4 of order dated 19.02.2026 in MAT. APP. No. 6 of 2026 and
dispose of the same on its own merits and in accordance with law.
[3] Mediation proceedings and the settlement arrived at
therein stand effaced.
[4] Captioned appeal and MC application thereat disposed
as closed/withdrawn albeit with preservation of rights, observations
and directives as above. There shall be no order as to costs.
JUDGE CHIEF JUSTICE
Bipin
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