F. LALMALSAWMA Vs. LALHMINGSANGI

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned counsel for the appellants along with Mr. P.C. Lalthangmawia, learned counsel for the respondents.

(2.) The instant appeal is filed under Order XLIII, Rule 1(r) CPC read with Sec. 17 (2)(b) of the Mizoram Civil Courts Act, 2005 against the impugned Order dtd. 30/11/2023 passed by the learned Civil Judge (Senior Division)-II, Aizawl in CMA NO.437 of 2023 and CMA No.458/2023, arising out of Heirship Certificate Case No.1604/2022, wherein a temporary injunction was granted to the present respondents and the present appellants were directed to restrain from taking any unlawful action such as using physical force or by words, sign or gestures or cause physical or mental harassment or to make it unpleasant or intolerable for the present respondents No. 2 & 3 and also from interfering with the tenants of the plaintiff No. 1/present respondent No. 1 from collecting monthly rent in the CMA No. 437/2023. In CMA No. 458 A/o CMA No. 437/2023, the present appellants were also directed to remove the door locks fitted by them in the main door of the suit property and to restore goods and personal belongings of the tenant.

(3.) A brief fact of the case is that the deceased F. Pazawna had constructed 3 (three) storied RCC building within the area covered under LSC No.104901/01/583 of 2012 located at Chawnga Road, Khatla, Aizawl. The present appellant No.4 and his family along with the present respondent Nos. 2 and 3 are residing on the top floor or the RCC building which is also the main family building (INPUI), which is given house No.E-60. The present appellant No.1 and his family are residing in the middle floor and given house No.E-60(1). The ground floor is occupied by present appellant No.2 and their house is numbered as house No.E-60(2). The deceased F. Pazawna had also constructed 4 (four) storied RCC building numbered "House No.E-60/B' within the area covered of the said LSC.