Manipur High Court
CRP(C.R.P. Art.227)/66/2022 of POUBI R NAGA AND ANOTHER Vs K.G. DONREI @ KHANGNUNGUI on 21 December 2022
No. 66 of 2022 Page 1 of 2 Item No. 21 IN THE HIGH COURT OF
A
IN THE HIGH COURT OF MANIPUR AT IMPHAL
CRP(C.R.P. Art.227) No. 66 of 2022
1. Poubi R. Naga, aged about 63 years, S/o (L) Alemba Kabui of Maha Kabui (Namching) Village, Saitu Gamphazol Sub-Division, P.O. Langjing Achouba, P.S. Patsoi, Sadar Hill West, Kangpokpi District, Manipur, Pin – 795113. of Maha Kabui (Namching) Village, Saitu Gamphazol Sub-Division, P.O. Langjing Achouba, P.S. Patsoi, Sadar Hill West, Kangpokpi District, Manipur, Pin – 795113.
2. Shri Gongung @ Gangonglung Gangmei, aged about 57 years, S/o late Kadini Gangmei of Maha Kabui Village, P.O. Langjing & P.S. Thanglong, New Keithelmanbi, Kangpokpi District, Manipur, Pin – 795113. years, S/o late Kadini Gangmei of Maha Kabui Village, P.O. Langjing & P.S. Thanglong, New Keithelmanbi, Kangpokpi District, Manipur, Pin – 795113.
…Petitioners
- Versus -
Shri K.G. Donrei @ Khangnungui, aged about 76 years, S/o late K.G. Thiujin, Khullakpa (Headman), Natok Kabui Village, P.O. Langjing & P.S. Thanglong, New Keithelmanbi, Kangpokpi District, Manipur, Pin – 795113.
…Respondent
B E F O R E
HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR
For the petitioners : For the respondent : Date of order :
Mr. S. Rupachandra, Sr. Advocate
Mr. Th. Henba, Advocate 21-12-2022
O R D E R
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[1] This revision, filed under Article 227 of the Constitution, arises out of the order dated 17-10-2022 passed by the learned Civil Judge (Junior Division), Kangpokpi, in Judl. Misc. Case No. 17 of 2022 (Ref: O.S. No. 1 of 2018). By the said order, the Trial Court permitted withdrawal of the suit while retaining on file the counter-claim of the defendants therein.
[2] Heard Mr. S. Rupachandra, learned senior counsel, appearing for the petitioners/defendants; and Mr. Th. Henba, learned counsel for the respondent/plaintiff.
[3] Perusal of the order under revision reflects that the plea of the plaintiff for withdrawal of the suit was unconditional. That being so, the defendants in the suit cannot compel the plaintiff to prosecute the suit against his will. This Court, therefore, finds no error having been committed by the learned Civil Judge (Junior Division), Kangpokpi, in permitting the withdrawal of the suit and dismissing it as such.
[4] However, as rightly pointed out by Mr. S. Rupachandra, learned senior counsel, there was no necessity whatsoever for the learned Civil Judge (Junior Division), Kangpokpi, to make observations about the Deed of Declaration dated 08-10-2022 put forth by the plaintiff. All the more so, when the counter-claim filed by the defendants was retained on file for adjudication. Therefore, the following sub-para in para 7 shall stand deleted:
‘Also, considering the Deed of Declaration (DD) arrived between the parties mentioned in the same, this Court is of the view that the intervention of the Court is no longer necessary as the purpose for which the suit was filed is extinguished by virtue of the agreement/declaration dated 08-10-2022.’
[5]Subject to the above modification, the order under revision stands confirmed.
CRP(C.R.P. Art.227) No. 66 of 2022 is disposed of accordingly.
In the circumstances, there shall be no order as to costs.
CHIEF JUSTICE
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