JUDGMENT :

Mir Alfaz Ali, J.

1. This regular first appeal is directed against the judgment and decree dated 05.04.2016 passed by the learned District Judge, Wokha, Nagaland in T.S. No. 1/2013.

2. The plaintiff/appellant filed the suit (TS 1/2013) for declaration of title and other consequential reliefs. The case of the plaintiff was that the plaintiff and defendants belong to Kithan Clan. There was an earlier round of litigation between the plaintiff and defendants in respect of the present suit land, wherein, both the parties made rival claim of title over the suit land. The village court decided the suit in favour of the defendants. Against the decision of the village court, the plaintiff preferred an appeal before the Wokha Customary Court and the customary court upheld and confirmed the decision of the village court and thereby dismissed the appeal. Aggrieved by the decision of the customary court, the plaintiff preferred an appeal before the ADC (J), Wokha. The present defendants also filed an appeal before this court and this court while setting aside the impugned judgments passed by the village council as well as customary court, directed to file a fresh suit. Pursuant to the d