PRINCIPAL SECRETARY Vs. KENIYUO SOLO

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India has been filed against the order dated 09.09.2010 passed by the learned Addl. District & Sessions Judge, Kohima in Civil Appeal No. 03/2010 and Civil Misc Cases No. 10 of 2010.

(2.) ONE Dr. Neikhrielie filed Title Suit No. 2/2008 for declaration of right, title and interest and also for possession of the suit land located in the Police Reserve Hills at Kohima Town. The said Title Suit, was rejected for want of cause of action as the sale deed executed between Dr. Neikhrielie and Kenniyuo Solo, present plaintiff-respondent, on the basis of which the above person claimed right, title and interest, was not registered. The said Dr. Neikhrielie returned the said land to the original owner i.e. the present respondent and got the consideration value returned.Then the present respondent filed Civil Suit No. 3 of 2010 before the learned Additional District & Sessions Judge, Kohima, who passed an order to maintain the status-quo fixing the matter on 06.07.2010. The aforesaid Title Suit and Civil Misc. case were endorsed to Civil Judge (Jr.) Division, Kohima, who on receipt of the records fixed the matter for hearing on 16.07.2010. The present petitioners as defendants filed written objection in Misc. case on 16.7.2010, and the matter was heard on the same day. The order for injunction was kept reserved but an interim order to maintain status-quo was passed with further direction that no further development works to be continued on the suit land till order of injunction is passed.

(3.) I have heard Mr. B. N. Sarma, learned Sr. counsel assisted by Mr. Apok Pongener, learned counsel appearing for the petitioners and Mr. T. B. Jamir, learned counsel appearing for the respondents.