Lalnunpara v. Sh Lalmuanpuia and 2 Ors

ORDER BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

10.04.2024 Heard Mr. C. Tlanthianghlima, learned counsel for the petitioner. Also heard Mr. F. Lalengliana, learned counsel for all the respondents.

¶2This revision petition has been filed under Section 115 CPC against the impugned Order dated 30.08.2023 passed by the Court of Senior Civil Judge-III, Aizawl in CMA No. 327/2023 arising out of Title Suit No. 1/2023.

¶3The respondent Nos. 2 & 3 had been impleaded vide the impugned order and it is the case of the petitioner that the respondent Nos. 2 & 3 are not necessary parties and thus, have no locus standi to ask for a share of the property, which belonged to their grandmother. The petitioner and the respondent No. 1 are the sons of the grandmother of the respondent Nos. 2 &

3.

¶4Section 115 CPC provides that the High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears-

(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or Page No.# 3/3

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order as it thinks fit.

¶5On a perusal of the impugned Order dated 30.08.2023, this Court does not find that the learned Trial Court has exercised jurisdiction not vested in it by law. There is nothing to show that the jurisdiction exercised by the learned Trial Court is illegal or made with material irregularity.

¶6The issue whether the impleaded respondents have a right to a share the property of their deceased grandmother would be decided by the learned Trial Court, in terms of the law of inheritance applicable as per the Mizo Customary Law and/or the Statutory Law. As such, this Court does not find any ground to interfere with the impugned order passed by the learned Trial Court.

¶7The CRP is accordingly dismissed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC030005982023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/11/2023 Lalnunpara S/o Khawvelthanga (L), R/o Chhinga Veng, Aizawl Mizoram VERSUS Sh Lalmuanpuia and 2 Ors. S/o Khawvelthanga (L), R/o Chhinga Veng, Aizawl Mizoram 2:Edward Lalnunnema S/o Lalhriatpuia (L) Ramhlun Venglai Aizawl Mizoram 3:Simon Lalhmunsanga S/o Lalhriatpuia (L) Ramhlun Venglai Aizawl Mizora Advocate for the Petitioner : Mr A.R. Malhotra Advocate for the Respondent : Mr F Lalengliana for R1-R3 Page No.# 2/3