GANESH CHETRI Vs. ZANTSEMO MURKY

JUDGEMENT

(1.) By this application the petitioners have challenged the entire proceeding of T.S. No. 10/ 04 pending in the court of the learned ADC (J) Wokha and also the ex parte order of ad interim injunction dated 31.08.2004 passed by the learned court below restraining the defendants-petitioners or their Agents from undertaking any kind of development, construction, sale of land etc within the suit land, till further order.

(2.) I have heard Mr. Iralu the learned counsel for the petitioners and Mr. Y.I. Singh the learned counsel for respondents.

(3.) The writ petitioners by this writ petition sought to invoke the jurisdiction of this court under Article 227 of the Constitution of India, as according to him the proceedings in T. S. No. 10/04 cannot proceed in view of settlement of the dispute between the parties by the appropriate court as reflected in Annexures 4 and 5 orders dated 16.05.96 and 07.08.04 respectively, passed by the learned Deputy Commissioner, District Magistrate, Wokha, Nagaland and District Magistrate, Wokha, Nagaland. The writ petitioners have also made a statement that they have already filed a written statement wherein the maintainability of the suit before the learned court below has als6 been questioned.