LAWS(GAU)-2024-2-86

T. VANLALHRUAII Vs. TOCHHAWNG LALPIANMAWIA

Decided On February 08, 2024
T. Vanlalhruaii Appellant
V/S
Tochhawng Lalpianmawia Respondents

JUDGEMENT

(1.) Heard Mr. Saurabh Pradhan, learned counsel for the applicant. Also heard Mrs. Annie Lalenkawli, learned counsel for the respondent.

(2.) This is an application under Sec. 5 of the Indian Limitation Act, 1963 for condonation of delay of 1507 days in filing the connected appeal under Sec. 17(2) of the Mizoram Civil Court Act, 2005 read with Sec. 96 of the CPC against the Order dtd. 11/3/2019 passed by Senior Civil Judge, Aizawl, Mizoram in Heirship Case No. 55/2019 and Heirship Certificate Memo No. 182/SCJ(A)/2019 dtd. 11/3/2019 issued by the said Court in favour of the respondent, i.e., Tochhawng Lalpianmawia in respect of LSC No. 63/1968 located at Chanmari, Aizawl left by T. Sangkhuma (late father of the applicant and the respondent).

(3.) The facts of the case is that the respondent was issued a Heirship Certificate i.e., Heirship Certificate Memo No. 182/SCJ(A)/2019 dtd. 11/3/2019 against a land left by the father of the applicant and the respondent vide the Order dtd. 11/3/2019 passed by Senior Civil Judge, Aizawl, Mizoram in Heirship Case No. 55/2019. The applicant being agrievved by the said Order dtd. 11/3/2019 preferred the appeal along with a condonation application.