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2022 Supreme(Megh) 155

H. S. THANGKHIEW
Bahunlin Chyne – Appellant
Versus
Streamlet Kharngapkynta – Respondent


Advocates appeared:
Mr. T.T. Diengdoh, Sr. Adv. with Mr. R. Kharsyad, Adv, Mr. C.C.T Sangma, Advocate, for the Petitioner; Mr. V.G.K. Kynta, Sr. Adv. with Ms. G. Kynta, Advocate, for the Respondent

JUDGMENT

1. The issue that has been raised before this Court is with regard the power of the Judge, District Council Court to exercise original jurisdiction in the trial of a Title Suit, which has been brought before the District Council Court for adjudication. It appears that an original suit being Title Suit No. 1 of 2018, along with an application under Order 39 Rule 1 and 2 of the CPC, which was registered as Misc. Case No. 1 of 2018 had been filed before the District Council Court, and the Judge, District Council Court by exercising powers of original jurisdiction had taken up the same and an exparte ad-interim injunction order dated 08.02.2018 was passed, restraining the petitioner/defendant from entering the suit land.

2. As the Judge had exercised powers of original jurisdiction, the petitioner by way of a petition had questioned the jurisdiction of the Judge, District Council Court in entertaining the Suit. The Judge, District Council Court then by the impugned order dated 22.08.2019, dismissed the said petition by holding that Rule 30 and 32 of The United Khasi Jaintia Hills Autonomous District (Administration of Justice) Rules, 1953 (hereinafter referred to as the Rules of

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