MR. HEVUTO CHISHI Vs. MR. KUTU CHISHI

JUDGEMENT

(1.) Heard Mr. Imti Longjem, learned counsel for the petitioner. Also heard Mr. N.K. Luikham, learned counsel appearing for the sole respondent.

(2.) The petitioner was the GB of Sutemi Village with effect from 01-05-1995. However, the respondent's family approached the Village Council claiming the G.Bship and by Order dated 04-10-2011, the Village Council of Sutemi Village decided the issue in favor of the respondent. Against the decision of the Sutemi Village Council, the petitioner approached the Deputy Commissioner, Zunheboto by way of an appeal which was endorsed to the Dobashi Court. By order dated 02-02-2012, the Dobashi Court reversed the decision of the Sutemi Village Council. Being aggrieved, the respondent again appealed before the Deputy Commissioner, Zunheboto who in turn, endorsed the matter again to the Political Assistant to the Deputy Commissioner, Zunheboto. By order dated 07-10-2013, the Political Assistant to the Deputy Commissioner, Zunheboto again decided the issue in favor of the respondent. Not being satisfied, the petitioner approached this Court by and order dated 13-05-2016. The relevant portion of the judgment and order dated 13-05-2016 is reproduced herein below:-

(3.) On liberty being granted by this Court, the respondent filed F.A. No. 1/2016 in the Court of the District and Sessions Judge, Zunheboto. The learned District and Sessions Judge, Zunheboto by order dated 13- 06-2016 admitted the appeal and further stayed the order dated 02-02- 2012 passed by the Dobashi Court. Thereafter, on receiving notice, the petitioner filed an application which was registered as I.A No. 1/2016 before the Appellate Court praying for recalling of the order dated 13-06- 2016 passed in F.A No. 1/2016 and also for dismissal of the F.A No. 1/2016. The learned Appellate Court after hearing the parties in I.A No.1/2016 passed an order dated 07-11-2016. The operative portion reads as under:-