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2021 Supreme(Gau) 716

Master Dennis J. Zodinmawia – Appellant
Versus
J. Lalhlupuii – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anil Rinliana Malhotra.
For the Respondent: L.H. Lianhrima.

JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. A.R. Malhotra, learned counsel for the petitioner and Mr. L.H. Lianhrima, learned senior counsel for the sole respondent.

2. By filing this application under section 115 of the Code of Civil Procedure read with article 227 of the Constitution of India, the petitioner prays for quashing and setting aside of the order dated 18.11.2015 passed by the Senior Civil Judge, Aizawl in Execution Case No. 40/2014 arising out of Declaratory Suit No. 23/2012 insofar as it bars the petitioner from selling or transferring the land covered by LSC No. 1180 of 1983 to any person as long as the respondent is alive. It may be noted herein that during the pendency of the instant revision petition, the original petitioner who is also the brother of the respondent expired on 28.4.2021 and he was substituted by his son Master Dennis J. Zodinmawii, represented by Smt. Lalchhanchhuahi vide order dated 3.9.2021 passed in LA(C) No. 67/2021. Although this revision petition was initially filed under article 227 of the Constitution of India but later on, section 115, CPC was added as well as permitted by this court and that is how this petition has been registered under the

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