UPC OF MIZORAM Vs. LALLIANPUII

JUDGEMENT

(1.) Heard Mr.L.H.Lianhrima, senior counsel assisted by Ms. H.Lalmalsawmi, counsel for the petitioner. Also heard Mr. Ricky Gurung, counsel for the sole respondent.

(2.) The petitioner's counsel submits that the facts of the case in brief is that the Petitioner filed a Civil Suit No. 53 of 2008 against the Respondent for a decree for declaration that the petitioner is entitled to receive Rs.8,000/- as rental fees per month and for the land and building covered by LSC No. 61 of 1970 as the petitioner is the legal and lawful owner of the same. Accordingly, the Ld. Senior Civil Judge, Aizawl allowed the suit and passed a decree in favour of the petitioner vide Judgment and order dated 24.2.2012. Being aggrieved, the Respondent preferred an appeal before the Hon'ble Gauhati High Court, Aizawl Bench vide RFA No. 13 of 2012. However, the said appeal was also dismissed vide Judgment and Order dated 4.7.2014 with a direction to vacate the land and building under LSC No. 61 of 1970 within a period of two months and the petitioner shall also make payment of Rs. 10,00,000/- Since the Respondent has simply refused to abide by the direction of the Hon'ble Gauhati High Court, the Petitioner had filed Cont. Case (C) No. 20 of 2014. However, the Hon'ble Gauhati High Court was of the view that the Respondent did not commit any contempt of the said order dated 04-07-2014 and dismissed the same. Thereafter, the Petitioner has approached the Executing Court for eviction of the Respondent from the land and building covered by LSC No. 61 of 1970 strictly in compliance with the direction of the Hon'ble Gauhati High Court, Aizawl Bench vide Judgment and Order 4.7.2014. The Executing Court directed the Petitioner to serve a copy of notice to the Respondent by way of dasti service on 15.05.2015 and to file affidavit to this effect. The Respondent refused to receive the notice of the Executing Court in presence of the Chairman, Local Council, Khatla and three more reliable witnesses who have filed affidavit before the Notary Public to this effect. As a result, the Learned Executing Court having no option left, passed the impugned order dated 26.5.2015 for eviction of the Respondent in compliance with the direction of the Hon'ble Gauhati High Court vide Judgment and Order aforementioned. That thereafter, the Respondent has approached the First Appellate Court with full knowledge that the Addl. District Judge, Aizawl did not have the pecuniary jurisdiction to entertain the Appeal filed by the Respondent against the order passed by the Executing Court.

(3.) The appeal filed by the respondent in the Court of the Additional District & Sessions Judge against the Order dated 26.5.2015 passed in Execution Case No. 30 of 2015 was registered as FAO No. 2 of 2015. The Court of the Additional District & Sessions Judge thereafter issued notice and stayed the Order dated 26.5.2015 passed in Execution Case No. 30 of 2015 vide Order dated 18.6.2015. The impugned Order dated 18.06.2015 passed by the Court of the Addl. District Judge is not an appealable order.