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2013 Supreme(Gau) 727

NISHITENDU CHAUDHURY
State of Nagaland – Appellant
Versus
Thilixu 'B' – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Sema, Addl. A.G.
For the Respondents: N.K. Luikham

JUDGMENT :

Nishitendu Chaudhury, J.

1. By this appeal under Rule 43, Rule 1 (r) of the Code of Civil Procedure, the defendant Nos. 1 to 5 (the State of Nagaland and others) have challenged the order dated 24.4.2012 passed by the Civil Judge (Senior), Dimapur in Civil Misc. Case No. 2/2012 arising out of Civil Suit No. 3/2009 whereby prohibitory injunction restraining the present appellants was granted. The sole opposite party (Thilixu B village) represented by its head Gaonbura filed the aforesaid Civil Suit in the Court of the learned Civil Judge (senior), Dimapur praying for declaration of right, title and interest and recovery of possession. It was stated in the said plaint that pursuant to an agreement entered into with original Thilixu village on 16.9.2000, the plaintiff village was established on 16.1.2001 upon the land donated by the said Thilixu village and this is why the plaintiff village was named as Thilixu B village. It was pleaded that about 29 families inhabited the said village but the Chief Wildlife Warden, Rangapahar Wildlife Sanctuary (defendant No. 5) took forceful possession of the said Thilixu B village and thereafter, the Addl. Deputy Magistrate promulgated an
























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