LALRAMBUATSAIHA Vs. LALTAWNI

JUDGEMENT

(1.) Heard Ms. Jacinta Zothanmawii, learned counsel for the appellant alongwith Mr. Lalfakawma, learned counsel for the sole respondent.

(2.) The instant appeal was filed under sec. 100 of the Civil Procedure Code, 1908 against the impugned Judgment and Order dtd. 9/11/2021 passed by the Addl. District and Session Judge, Aizawl in RFA No. 7 of 2020 arising out of Heirship Certificate No. 350/2020.

(3.) The brief facts of the case is that the appellant is a holder of Heirship Certificate No. 350/2020 and inherited the property of his late father PC Lalthlamuana bearing LSC No. CAD-1230/2018 located at Bethlehem Veng, Aizawl and LSC. No. Azl-443/1993 located at Bawngkawn, Aizawl, which was issued by the learned Senior Civil Judge, Aizawl vide Order dtd. 1/7/2020. This Heirship Certificate was challenged before the First Appellate Court/Addl. District and Session Judge, Aizawl which passed the impugned Order dtd. 9/11/2021 in RFA No. 7/2020 and had set aside the Order dtd. 1/7/2020 passed by the learned Senior Civil Judge-III in Heirship Certificate Application No. 350/2020 and the impugned Heirship Certificate No. 350/2020 by the remanding the matter back to the learned Trial Court for fresh decision on merit in accordance with law and by stating that the learned Trial should give chance to the appellant for filing their written objection and proceed and decide with the matter on merits.