This appeal is directed against the temporary injunction order dated 28.4.2004 passed in Judicial Misc. Case No. 95/2002/92/2002, wherein the learned Addl.District Judge(Fast Track Court), Manipur West, Lamphelpat made absolute of the ex-parte ad-interim injunction order which had been passed by the learned Civil Judge (Senior Division), Manipur West restraining the present appellants and the proforma respondents from interfering with the administration of the present principal respondent over Maha Kabui Village by posing the present appellant No.2 as Khullakpa till disposal of the Original Suit No. 24/2002/32/2003.

2. I have heard Mr.T.Rajendro, learned counsel appearing on behalf of the appellants and Mr. R.K.Surjit, learned counsel appearing on behalf of the principal respondent at length. The materials before the court are also perused.

3. The present principal respondent filed the said Original Suit No.24/2002/32/2003 praying mainly for ; a decree for declaration that he is still the Khullakpa of Maha Kabui Village; a decree for declaration that the post of Khullakpaship is a non-removable post; a decree for declaration that the order passed by Poi/Court of Zeliangrong Union, Imphal Zone in Case No.ZUIZ/PET/1/2002 is null and void and not binding to him; a decree restraining the present appellants and the proforma respondents from interfering with him in the administration of Maha Kabui Village as Khullakpa and a decree restraining the present appellant No.2 from posing himself to be Khullakpa of Maha Kabui Village. The present appellants (defendants No.1 to 4 in the suit) contested the suit by filing a joint written statement. As per pleading of the present appellants, the post of Khullakpa is not hereditary and the Khullakpa is elected by the villagers whenever the need to elect a new Khullakpa arises. Further, according to the present appellants, the present principal respondent( the plaintiff in the suit), who was Khullakpa of the said village, started abusing the post of Khullakpa as well as misusing funds released by the Government and as such, the present appellant No.2 filed the application dated 27.9.2002 to the court of Zeliangrong Union , Imphal Zone against the present principal respondent for passing an order in respect of his removal from being Khullakpa of the village as per desire and wish of the villagers. Thereafter, according to the present appellants, the said application was registered as Case No. ZUIZ/PET/1/2002 and after trial of the case by giving opportunities to the concerned parties, the Zeliangrong Union passed an order to the effect that the appointment of Khullakpa was to be done by the concerned villagers and that the Khullakpa so appointed may be removed by the villagers by convening a General Body Meeting on the ground of his failure to discharge his duties to the satisfaction of the villagers. Then, according to the present appellant, a General Body Meeting of the concerned villagers was held on 7.11.2002 by which it was unanimously resolved to remove the present principal respondent from the post of Khullakpa and to appoint/elect the present appellant No.2 as the new Khullakpa of the said village. According to the present appellant, the decision of the Zeliangrong Union is binding to all Kabui Sub-Tribes and the present principal respondent is no longer Khullakpa of the said village. It is alleged that the impugned order created chaotic situation in the village inasmuch as the appellant No.2, who was duly elected/appointed as the new Khullakpa of the village, has been restrained to function as Khullakpa.

4. The present principal respondent's case before the trial court is that he is still Khullakpa of the said village. According to him, the said order of the Zeliangrong Union passed in Case No. ZUIZ/PET/1/2002 is void and not binding to him. On the other hand, according to the present appellants, the principal respondent was Khullakpa of the village but he is no more Khullakpa after the sai

Click Here to Read the rest of this document