SHILLONG CLUB LTD. Vs. NATHANIEL THANGKHIEW

JUDGEMENT

(1.) Heard Mr. S. Jindal, learned counsel for the petitioner, who has submitted that this Court vide order dtd. 17/2/2026 has decided the case of the parties herein, in Second Appeal No. 4 of 2023, wherein, on consideration of the impugned judgment and order dtd. 5/10/2023, passed by the First Appellate Court as well as the related judgment and order dtd. 23/12/2015, passed by the Trial Court, had dismissed the said Second Appeal, though such dismissal being conditional.

(2.) The learned counsel has also pointed out that the dispute between the parties primarily revolves around a land covered by a Lease Deed 20/3/1923, which is a lease agreement entered into between the parties for that piece and parcel of land measuring about 10.19 acres. This Court has come to a finding that the said land is in the possession of the petitioner club and that such possession has not been disturbed in any way.

(3.) The learned counsel went on to submit that the respondents on 18/2/2026, a day after the said judgment was passed has engaged workers to erect bamboo and wire fencing on the southern side of the suit property. This portion measuring approximately 5.030 acres, is part of the 10.19 acres which is the suit land in question.