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2021 Supreme(Gau) 71

NELSON SAILO
Zothansanga, S/o Saithangpuii Sailo – Appellant
Versus
State of Mizoram represented by the Secretary to the Government of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Zoramchhana, Mr. Lalhmingsanga Hmar, Mr. Vanlalruata.
For the Respondent: Ms. Mary L. Khiangte, Mrs. Dinari T. Azyu, Mr. Victor L. Ralte,
Mr. K. Roland, Ms. Caroline K. Lungawipuii, Ms. B. Lalramhnemi, Adv.

JUDGMENT :

Heard Mr. Zoramchhana, learned counsel for the petitioners and Ms. Mary L. Khiangte, learned Government Advocate appearing for the respondent Nos. 1 to 4. Also heard Mrs. Dinari T. Azyu, learned counsel appearing for the respondent No. 6. None appears for the respondent No. 5.

2. This Court vide Order dated 11.02.2021 indicated that if the respondent No. 5 remains unrepresented on the next date, the matter will be proceeded ex-parte against the said respondent. The respondent No. 5 is again not represented today despite service of notice and as such, the matter is proceeded ex-parte against her.

3. Brief facts as projected by the petitioners is that they are owners of their respective plots of land covered by Land Settlement Certificate Nos. 103201/01/604 of 2002 and 103201/01/605 of 2002. One Sh. JC Sengluaia disputed the Land Settlement Certificates of the petitioners by contending that the same encroached upon his land which was covered by LSC No. AZL.1891/1986. He therefore filed Civil Suit No. 127/2010 before the Court of Civil Judge, Aizawl. The Civil Suit on contest was dismissed by the Court below. However, during the pendency of the Civil Suit, the two LSCs were tr

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