PFUZHALIE NAKHRO Vs. KETSEYIE MERE

JUDGEMENT

(1.) Heard Mr. N. Mozhui, learned counsel assisted by Ms. N. Rupreo, appearing for the petitioner, and also heard Mr. Taka Masa, learned Senior Advocate assisted by Mr. Arenlong, appearing for the respondent.

(2.) This is an application under Article 227 of the Constitution of India, read with Rule 32 of the Rules for Administration of Justice and Police in Nagaland, 1937 (For short The Rules ) and Sec. 151 of the Code of Civil Procedure, 1908, for quashing the Political Case No. 3/2021 pending before the Dobashi's Court, Kohima; for quashing the communication dtd. 6/4/2021 to the President of the Tholo Nakhro clan, as well as also the show-cause notice dtd. 29/4/2021 issued by the Head Dobashi's Court, Kohima, to the petitioner stating interalia , if the petitioner failed to appear, a warrant of arrest would be issued against him.

(3.) The case of the petitioner in brief is that a dispute arose between the petitioner's clan i.e., Tholo Nakhro clan and one Mr. Rokonizo. The petitioner's clan being aggrieved with the decision of the Dobashi's Court dtd. 17/4/2012 preferred an appeal before the Assistant to the Deputy Commissioner (Judicial), Kohima, now designated as Civil Judge (Senior Division), Kohima. The said Appeal was registered as Civil Appeal No. 4/2012. Vide Judgment and Order dtd. 31/10/2014, the Court of the Civil Judge Senior Division, Kohima, allowed the Appeal thereby setting aside the decision dtd. 17/4/2012 of the Dobashi's Court. The said Mr. Rokonizo thereafter preferred an appeal against the Judgment and Order dtd. 31/10/2014, before the Principal District Judge, Kohima, which was registered and numbered as Civil Appeal No. 01/2015, and it is presently pending before the Principal District Judge, Kohima.