OLIVIA LALDINMAWII Vs. K. VANLALTLUANGA

JUDGEMENT

(1.) Heard Mr. Rosangzuala Ralte, learned counsel for the petitioners. Also heard Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. Ruth Lalruatfeli for the respondent No. 1. None appears for the respondent Nos. 2 & 3 despite notice. I have also heard Mr. C. Zoramchhana, learned Additional Advocate General for the respondent No. 4.

(2.) This writ petition under Article 226 of the Constitution of India is filed by the petitioners challenging the Settlement dtd. 26/9/2015, reached by the parties concerned before the Lok Adalat sitting held in the Office of the District Level Services Authority, Lunglei District, Lunglei (Annexure-8).

(3.) Brief facts of the case may be noticed at the outset. One Shri. K. Rochhinga was the owner of LSC No. 145 of 1977, where he constructed his dwelling house. He resided in the said property during his lifetime. He expired leaving behind his 5 (five) children i.e., 3 (three) sons and 2 (two) daughters. The original respondent No. 2 in the instant writ petition who expired on 25/3/2019 was the eldest amongst the 5 (five) children of Shri. K. Rochhinga (L), while the respondent No. 1 is the second eldest. The father of the three petitioners i.e., Shri. K. Vanlalmalsawma who expired on 6/5/2014 is the youngest amongst the five children of Shri. K. Rochhinga (L) and even after the death of Shri. K. Rochhinga, he continued to live in the main house which was constructed on LSC No. 145 of 1977. Shri. K. Vanlalmalsawma (L) had two wives. Out of the first marriage with Smt. Biaklianpuii, the three petitioners were born. From his second marriage with Smt. Rohlupuii, two children namely, Alex Lalfakawma and Judy Lalrinzuali were born.