Back
W. DIENGDOH
Treasure Irene Syiemlieh – Appellant
Versus
U. Mestonath Kharshandi – Respondent
JUDGMENT :
W. DIENGDOH, J.
1. This is an application under Article 227 (1) of the Constitution of India read with Section 151 of the Code of Civil Procedure and Rule-6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014.
2. Heard Ms. M. Deb, learned counsel for the petitioner who has submitted that the respondents No. 1, 2 & 3 as plaintiffs had filed a suit before the court of the Subordinate District Council Court, Shillong registered as Title Suit No. 9 of 1999. The prayer made therein is for declaration of right, title, ownership and possession and for permanent injunction restraining the defendants from interfering with such title, ownership and possession of the plaintiffs/respondents herein. The defendants include one U Phromiwell Lyngdoh (since deceased) and two others who are the Secretary and Lyngdoh of the Village Dorbar, Nongpoh.
3. The learned counsel went on to submit that in course of proceedings in the said Title Suit No. 9 of 1999, the plaintiff No. 3 expired. The defendant No. 1 also expired and the counsel for the said defendant withdrew from the proceedings which was allowed. Vide order dated 26.06.2014, the suit against the defenda
A Title Suit filed without jurisdiction cannot lead to valid execution; the doctrine of lis pendens binds subsequent purchasers to existing litigation outcomes.
Jurisdiction of Court - Only wrong decision may not be a ground for exercise of jurisdiction under this article unless wrong is referable to grave dereliction of duty, flagrant abuse of power by subo....
The main legal point established in the judgment is the need to address conflicting claims based on C.S. record of right and R.S. record of right, and to ensure expeditious disposal of the suit.
The satisfaction of the court regarding prima facie case is crucial for the grant of temporary injunction, and the court may exercise supervisory jurisdiction under Article 227 to keep subordinate co....
The judgment emphasized the requirement for the court to adjudicate all questions of right, title, and possession in the property claimed by the objector under Order XXI Rule 97, and clarified the di....
Amendments to pleadings under Order VI Rule 17 of the CPC should not change the nature of the suit or introduce new causes of action, and must be necessary for the proper adjudication of the case wit....
The doctrine of lis pendens applies to subsequent purchasers; their rights are subordinate to those of the decree holder in a specific performance case.
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
