THOUDAM GHANASHYAM SINGH Vs. THOUDAM SUNIL SINGH

JUDGEMENT

(1.) OS No.18 of 2016 was filed before the learned Civil Judge (Senior Division), Imphal East, for a declaration that the plaintiff was the owner and title holder of the suit land by virtue of the registered sale deed dtd. 2/7/2011. The plaintiff also sought eviction of the defendant from the suit land apart from mesne profits and a decree of permanent injunction. The suit land is the homestead land measuring 0.023 acre covered by CS Dag No.32/863 under Patta No.157(O)/575/1545(A)(New) situated at Village No.27-Wangkhei Nongpok, Porompat Sub-Division, Imphal East District, Manipur.

(2.) While so, order dtd. 29/4/2017 was passed in the suit by the Trial Court owing to an amicable oral settlement between the parties. However, the said order was not acted upon in terms of the stipulations therein. Despite the same, the Trial Court disposed of the suit in the light of the said order dtd. 29/4/2017 under Order XXIII Rule 3 CPC, vide final order dtd. 29/3/2018. Aggrieved by these orders, the defendant in the suit is before this Court. He filed CRP(CRP Art.227) No.35 of 2018 against the final order dtd. 29/3/2018 and CRP(CRP Art.227) No.36 of 2018 against the earlier order dtd. 29/4/2017 passed in the suit. By order dtd. 11/6/2018 passed in CRP No.35 of 2018, this Court granted interim stay only in respect of the interest payable @ 6% per month.

(3.) Heard Mr. N.Mahendra, learned counsel for the petitioner/defendant; and Mr. Th.Ibohal, learned senior counsel, appearing for the respondent/plaintiff.