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2023 Supreme(Gau) 486

NELSON SAILO
Lalthanpari – Appellant
Versus
F. Zothanbuanga – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.R. Malhotra.
For the Respondent: J.H. Ramneihmawia.

JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. A.R. Malhotra, learned counsel for the appellant and Mr. J.H. Ramneihmawia, learned counsel for the respondent Nos. 1, 2 and 3. None appears for the respondent No. 4.

2. This is an appeal filed by the appellant under Order 43 Rule 1 (r) of the Code of Civil Procedure, 1908 (CPC) r/w Section 151 CPC and also Section 17 of the Mizoram Civil Courts Act, 2005 against the impugned Order dated 18.10.2022 passed by the Senior Civil Judge-IV, Aizawl in Civil Misc. Application No. 262/2021 arising out of Civil Suit No. 37/2021.

3. Be it stated herein that this is the second time the appellant is before this Court. The earlier appeal being FAO No. 3/2021 was disposed of vide Judgment and Order dated 25.02.2022.

4. Brief facts of the case essential for disposal of the instant appeal and as projected by the respondent Nos. 1, 2 and 3 is that they along with 3 (three) other persons, entered into an agreement with the appellant/defendant No. 1 for sharing equally the amount of compensation to be received towards certain plot of land belonging to the respondent No. 4/defendant No. 2 and one Smt. Lalthlamuani and the same was executed on 09.06.2016, and witnesse

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