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2022 Supreme(Gau) 107

MARLI VANKUNG
Vanlalmawii, D/o. Thangliani (L) – Appellant
Versus
Laltanpuia, S/o. Thangliani (L) – Respondent


Advocates Appeared:
For the Petitioner: Mr. C. Zoramchhana, Mr. Zochhuanmawia.
For the Respondent: Mr. K. Laldinliana, Ms. Lalramsangzuali.

JUDGMENT :

Heard Mr. C. Zoramchhana, learned counsel appearing for the appellant and Mr. K. Laldinliana, learned counsel appearing for the respondent No.1.

2. The present appeal is directed against the Judgment Order dated 17.12.2020 and the Decree passed on the same date by the learned Senior Civil Judge-II, Aizawl in Declaratory Suit No.31 of 2019.

3. Upon hearing the parties and on perusal of the documents, the brief facts of the case is highlighted herein:-The parties are brothers and sisters and they used to live together with their mother Thangliani (late)during her life time in the suit land covered under LSC No. AZL-1480 of 1997 which belonged to their mother. However on her death, the dispute arose as to who would inherit the above mentioned property. A ‘will’ alleged to be executed by the late Thangliani which was in favour of the instant appellant was submitted in the Court for probate and registered as Probate 3/04. However, the parties being siblings the matter was referred to Lok Adalat for amicable settlement. The parties came to an amicable settle at Lok Adalat in its sitting held on 24.06.2004 and subsequently on 13.09.2007. On 24.06.2004 the terms of settlement was t

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