ARITSON R. MARAK Vs. PHIKIR KHONGWIR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners.

(2.) By this petition, the petitioners have impugned the order dtd. 31/10/2025 in CT Case No. 46 of 2025 passed by the learned Executive Magistrate, Ri-Bhoi District, Nongpoh; the order dtd. 26/11/2025 in the Executive Proceeding No. 1 of 2025 passed by the learned Executive Magistrate, Ri-Bhoi District, Nongpoh; and the order dtd. 5/3/2026 in CT Case No. 45 of 2025 passed by the learned Executive Magistrate, Ri-Bhoi District, Nongpoh. The petitioner also seek quashing the entire proceeding pending before the learned Executive Magistrate, Ri-Bhoi District, Nongpoh.

(3.) Learned counsel for the petitioners states that the petitioners had filed a title suit in the Court of the Presiding Officer, Subordinate District Council Court, Nongpoh. He states that in the said title suit, the petitioners had filed a miscellaneous application under Order XXXIX Rule 1 and 2 read with Sec. 151 CPC and prayed for grant of an ad-interim injunction restraining the defendant No. 1 and her agents from interfering with the peaceful possession and occupation of the petitioners (original plaintiffs) over the suit land. He states that the learned Judge after hearing the petitioners (plaintiffs/applicants) observed that the balance of convenience lies in favour of maintaining the existing state of affairs until the dispute is adjudicated upon after hearing the parties and accordingly, directed the defendant No. 1, her agents, servants, representatives or any person claiming through her are restrained from interfering or disturbing the peaceful possession and occupation of the petitioners (original plaintiffs) over the suit land.