Sh. Zohmangaiha and 7 Ors v. The State of Mizoram and 11 Ors

JUDGMENT / ORDER BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

22.07.2024

Heard Mr. C. Lalramzauva, learned Senior counsel assisted by Mr. J. Lalmalsawma, learned counsel for the applicants. Also heard Mr. Victor L. Ralte, learned counsel for the respondent Nos. 5-9 and 11.

¶2This application is filed under Order 22 Rule 3, CPC, read with Section 151, CPC for substitution of appellant No. 1 Late Zohmangaiha, by his wife, namely, Smt. Ralmanthangi, who is the appellant No. 2 in the connected appeal.

¶3The learned Senior counsel for the applicants submits that the husband of the appellant No.2, who was the appellant No. 1, suffered demise on

20.04.2024, and in support of this contention, the learned Senior counsel has pointed out to the Annexure 1, which is the Death Certificate in respect of the appellant No. 1, enclosed with the application. Page No.# 4/4

¶4The learned counsel for the respondent Nos. 5-9 and 11 submits that he has no objection in the event of substitution of the appellant No. 2 in place of appellant No. 1, who suffered demise on 20.04.2024.

¶5Having considered the submission of learned Advocates of both sides and also considering the facts and circumstances on the record and also in the interest of justice, this application stands allowed.

¶6Accordingly, the name of the appellant No. 2 be substituted in place of appellant No. 1 in the connected appeal. Necessary correction shall be made in the cause title of RFA No. 27/2014.

J U D G E Comparing Assistant

Page No.# 1/4 GAHC030004602024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/117/2024 Sh. Zohmangaiha and 7 Ors. S/o Kapliana (L), R/o Chhinga Veng, Aizawl 2: Smt. Ralmanthangi W/o Zohmangaiha R/o Chhinga Veng 3: Sh. Vanlalpeka (L) S/o Buallinga (L) R/b his wife Smt. Manglalhluni 4: Sh. Hranglana S/o Lalhleia 5: Smt. Rothangi D/o Hauchhinga 6: Sh. Lalhmunsanga S/o Kamlova 7: Sh. Vanlalruala Pachuau S/o Kamlova Page No.# 2/4 8: Smt. Ramneihmawii D/o Khualluna (L) Aizaw VERSUS The State of Mizoram and 11 Ors. Represented by the Chief Secretary to the Govt. of Mizoram, Aizawl 2:The Secretary to the Govt. of Mizoram Revenue Department 3:The Director Land Revenue and Settlement Mizoram 4:Sh. Hmingliana (L) r/b his son Sh. Lalliankima S/o Chungnunga R/o Chawnpui 5:Sh. Hauchhawna (L) r/b his son Sh. Vanhela Pachuau R/o Chaltlang 6:Sh. Zosiama Pachuau S/o Hauchhawna (L) R/o Aizawl Venglai 7:Sh. Vanhela Pachuau S/o Hauchhawna (L) R/o Chaltlang 8:Sh. Thanchungnunga S/o Chuauhnuna (L) R/o Zarkawt 9:Sh. Khualluna S/o Kapbuaia R/o Chawnpui 10:Sh. Lalliankima Page No.# 3/4 S/o Hmingliana (L) R/o Chawnpui 11:Sh. R.C. Rokhuma S/o Rokunga (L) 12:The Secretary Presbyterian Church Zotlang Aizaw Advocate for the Petitioner : Mr C Lalramzauva Sr. Adv. Advocate for the Respondent :