JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. R. Iralu, learned Senior counsel assisted by Mr. L. Iralu for the petitioner and Mr. Kekhriengulie, learned Additional AG for the respondent.

2. This is an application under Rule 32 of the Rules for the Administration of Police and Justice in Nagaland, 1973 against the impugned order dated 07.08.2019, passed in Civil Appeal No. 1 of 2015 by the Principal District and Sessions Judge, Kohima, Nagaland. The brief facts of the instant case is that the petitioner claims to be the owner of a plot of land at Keziekie, North Block, Kohima measuring 150 ft. x 150 ft. vide allotment No. Rev 21/65, dated 16.12.1963 issued by the then Deputy Commissioner (DC), Kohima. It is the case of the petitioner that the said allotment order dated 16.12.1963 was originally issued in favour of the petitioner’s grandfather, namely, Mr. Kerisal Kenyao, when he was working at the Office of the Deputy Commissioner as Peshkar and the said land has been in possession of the family of the petitioner since 1963 and the petitioner after the expiry of his father and grandfather had developed the said land. It is the further case of the petitioner that sometime in the year 2015, the respondent herein out of nowhere started to forcibly encroach upon the land of the petitioner which prompted the petitioner to file a complaint to the Deputy Commissioner, Kohima, in terms with Rule 23A of the Rules for the Administration of Justice and Police in Nagaland, 1937 (in short ‘the 1937 Rules’) and a case was registered as Pol/Case No. 5/2015. The Dobashis after hearing the parties and their witnesses at length, in addition to conducting spot verification of the disputed land pronounced its decision vide order dated 29.07.2015 in favour of the petitioner.

3. Being aggrieved by the said order, the respondent herein preferred an appeal before the Deputy Commissioner under Rule 31 of the Rules, and the same was endorsed by the Deputy Commissioner to the Court of the Additional Deputy Commissioner (ADC), Kohima, which was registered as Civil Appeal No. 1 of 2015. The Additional Deputy Commissioner after hearing the parties, by order dated 17.05.2017 ruled in favour of the petitioner upholding the judgment and order of the Dobashis Court.

4. Further, being aggrieved and dissatisfied with the order of the Additional Deputy Commissioner dated 17.05.2017, the respondent filed a Revision petition under Rule 32 of the 1973 Rules which was registered as Civil Revision Petition No. 12(K) of 2017 before this Court and by a judgment and order dated 25.05.2018, this Court remanded the matter back for reconsideration by quashing and setting aside the order dated 17.05.2017, passed by the Additional Deputy Commissioner. In doing so, this Court was also of the opinion that the Civil Appeal No. 1 of 2015 should be adjudicated by a competent Court in accordance with law and accordingly, the Civil Appeal No. 1 of 2015 was transferred from the Court of the Additional Deputy Commissioner, Kohima to the Court of the Civil Judge, Senior Division, Kohima, whereby a time frame of 6(six) months was fixed for disposal of the said Civil Appeal.

5. While the said matter stood pending for disposal before the Court of Civil Judge, Senior Division, a Review Petition was filed before this Court by the petitioner which was registered and numbered as Review Petition No. 11(K) of 2018. The ground on which the Review Petition was sought for was that the transfer of Civil Appeal No. 1 of 2015 from the Court of the Additional Deputy Commissioner to the Court of Civil Judge, Senior Division was contrary to the Notification No. LAW/ACT-13/97 dated 22.05.2008, whereby the nomenclature of various Courts in Nagaland were changed and as such it was the case of the petitioner in the Review petition that the Civil Appeal No. 1 of 2015 ought to be heard by the District and Sessions Judge or the Additional District and Sessions Judge and not the Civil Judge, Senior Division. This Court