GUWAHATI, India, June 25 -- Gauhati High Court issued the following order on May 25:

1. Heard Mr. K.N. Balgopal, learned Advocate General, Nagaland, assisted by Ms. T. Khro, learned Additional Advocate General and Ms. M. Kechi, learned Additional Advocate General for the petitioners. Also heard Mr. S. Dutta, learned Senior Counsel assisted by Mr. A. Biswas for the respondent Nos. 1 to 13; Mr. A. Das, learned counsel for the proforma respondent No. 14 and Ms. P. Chetri, learned counsel for the proforma respondent No. 15.

2. This revision petition, under Section 115 of the CPC, read with Article 227 of the Constitution of India, is preferred against the order dated 29.09.2023, passed by the Principal District Judge, Dimapur, in Civil Appeal No. 24/2023.

3. It is to be noted here that vide impugned order dated 29.09.2023, the learned Principal District Judge, Dimapur ("Appellate Court", for short) had dismissed the Civil Appeal No. 24/2023, preferred by the petitioners herein and hereby upheld the order, dated 22.11.2021, passed by the learned Civil Judge (Senior Division), Dimapur ("Trial Court", for short) in I.A. (Civil) No. 224/2020, arising out of Civil Suit No. 14/2020, wherein the learned Trial Court had granted temporary injunction in favour of the respondents/plaintiffs, in respect of the land under Dag Nos. 38 and 40 of Diphupar area and restraining the petitioner/defendant No. 3 herein, from executing the eviction order dated 11.12.2020.

4. The background facts, leading to filing of the present petition, are briefly stated as under:

"The respondent Nos. 1 to 13 herein, as plaintiffs, had instituted a civil suit, being Civil Suit No. 14/2020, praying for a decree declaring the orders dated 30.11.2019 and 05.12.2019, as null and void; a decree declaring the eviction order dated 11.12.2020, as null and void and a decree declaring and directing the defendants/petitioners herein to properly and befittingly compensate the plaintiffs/respondent Nos. 1 to 13 herein, if the land of the plaintiffs is required for public interest. Along with the said suit, the respondent Nos. 1 to 13 had also filed an application under Order 39 Rule 2 of the CPC, read with Part-VI, Section 94 of the CPC, upon which I.A.(Civil) No. 224/2020, praying for grant of injunction against the petitioners herein, not to disturb the peaceful possession of the land by the respondent Nos. 1 to 13.

The deceased husband of the proforma respondent No. 14, namely, Late V. Atoshe Sumi @ Hutoshe Sema is the original owner of the land belonging to the respondent Nos. 1 to 13 and they are the rightful owners and possessors of their respective plots of land which they had received by way of gifts and/or sale from proforma respondent No. 14 and are in possession of the same which is claimed by the petitioners herein. The respondent Nos. 1 to 13 have been enjoying the possession of their respective plots of land by way of transferring and mutating their names in the land records maintained by the Office of the Deputy Commissioner, Dimapur, by issuing land pattas in connection with their respective plots of land.

It is the case of the respondent Nos. 1 to 13 that the husband of proforma respondent No. 14 had purchased a plot of land on the banks of the Diphupar river on 10.10.1991, from one Mr. Vizheto Sema, covered by Dag No. 38, Diphupar, measuring an area of 9 and half bighas for a sum of Rs. 1,25,000/-. Further, the husband of proforma respondent No. 14 on 09.09.1996, had purchased from Mr. Vizheto Sema, the adjoining plot of land under Dag No. 38, measuring an area of 9 bighas 4 kathas 3 lechas for an amount of Rs. 2,85,000/- and the aforementioned sale was done in presence of the then SDO (Civil), Dhansripar.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqIEcT97vfiPGnlno6uYc1j8uYWioujEoXpRK62xorlWw&caseno=CRP/104/2024&cCode=1&cino=GAHC010218942024&state_code=6&appFlag=

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