COLIN KHARKONGOR Vs. LOVING KHARKONGOR

JUDGEMENT

(1.) This is an application under Rule 6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014. The petitioner herein who is stated to be a member of the Kharkongor Nongthymmai Clan is before this Court against the order dtd. 21/4/2022, passed by the learned Court of the Additional Judge, District Council Court, Shillong, wherein the matter had been referred back to the trial court for hearing the injunction matter on merits.

(2.) In short, the claim of the petitioner is that he was allotted with a piece of clan land which vested with the Kharkongor Nongthymmai Clan and the same was interfered with by the respondents who are stated to belong to the Kharkongor Umphyrnai Clan. As there was interference to his possession, the petitioner instituted Title Suit No. 15 of 2020, wherein ex parte injunction order was passed by the trial court in the said proceedings. Against the said order of injunction, the respondents preferred an appeal before the court of the Additional Judge, Additional District Council Court which was numbered as Misc. Civil Appeal No. 2 of 2020. By the impugned order while disposing of the said appeal, the Additional Judge, Additional District Council Court directed that the injunction matter be taken up by the trial court in accordance with law and directed that status quo be maintained by both the parties from the date preceding the institution of the suit, till disposal of the injunction matter.

(3.) After perusal of the impugned order and after hearing the parties, as the point in issue is only with regard to the injunction matter which is yet to be heard finally, this revision application is being disposed of at the motion stage itself, by directing the trial court to take up the matter and dispose of the same as expeditiously as possible. The parties are directed to appear before the trial court on 29/6/2022.