JOHN PETER D. PASI Vs. PHRANGSNGI SUTNGA

JUDGEMENT

(1.) The brief facts of the case is that the respondent (Plaintiff) had instituted a Title Suit No. 20 of 2016 along with connected Misc. case before the Subordinate District Council Court, Jowai for declaration of right and title over a plot of land measuring about 229.84 Sq. mt. called Larang situated at Jowai. The learned trial Court had passed an exparte ad-interim injunction order dated 7th November, 2016. Thereafter, the petitioner entered appearance and contested the case by filing an application for setting aside the order dated 7th November, 2016 by bringing on record certain documents and other materials. The learned trial Court then by the order dated 10th July, 2017 directed both the parties to maintain status quo.

(2.) The case of the respondent herein (Plaintiff) is that after the status quo order was passed, the petitioner/defendant entered the suit land and started construction and occupied the same in violation thereof. Being aggrieved by the order dated 10th July, 2017, the respondent herein preferred an appeal before the Judge, District Council Court being MCA Case No. 5 of 2017. The appellant though had entered appearance in the appeal, did not appear on the date fixed for arguments. The Judge, District Council Court then by the impugned order 4th October, 2018 revived the ad-interim injunction order dated 7th November, 2016 passed by the learned trail Court, made the same absolute and sent back the records with a direction that the parties appear on 9th October, 2018 before the trial court.

(3.) Being aggrieved by the exparte appellate order the petitioner is before this Court by way of the instant civil revision.