JUDGMENT

Date : 14-07-2022 VERDICT (CAV)

Heard Mr. L. Bam, learned counsel for the appellant and also heard Mr. V. Jamoh, learned counsel for the respondents.

2. This appeal is directed against the interim order, dated 12.07.2019, passed by the learned District Judge, Pasighat in PSG IA No. 33/19 directing the Deputy Commissioner, Pasighat to restrain from disbursing the compensation amount relating to the assets and the disputed land and also against the order, dated 27.02.2020 passed by the learned Civil Judge (Sr. Division), East Siang District, Pasighat in I.A. No. 01/2020 & I.A. No.33/2020 directing the parties to maintain Status quo.

3. The factual background leading to filing of the present appeal is briefly stated as under:-.

“There are two villages in Mebo in the name of Siluk and Aohali and one Doso Nallah/Delang Korong is considered as the natural boundary between the said villages since time immemorial. Thereafter, in order to construct Trans Arunachal Highway from Dolang Stream to Sisiri river from 583.45 Km to 595.00 Km, the Deputy Commissioner, East Siang District, Pasighat has acquired the land for the purpose of construction/ widening of Trans Arunachal Highway, and issued Notification vide No. LM-94/Acq 2017, dated Itanagar 13.07.2017. Then the boundary dispute cropped up regarding compensation to be awarded for the aforesaid acquisition process. Thereafter, the Deputy Commissioner, East Siang District, Pasighat called a meeting on 01.12.2018, wherein, all the parties were present and on the basis of Kebang Decision, dated 13.04.2012, the Deputy Commissioner, East Siang District, Pasighat suggested that the Dolang Korong/Dosso Nallah, shall be treated as natural boundary for the aforesaid two villages and suggested that the compensation award against the land and standing assets acquired after crossing Delang Korong/Doso Nallah, shall be awarded to the people of Aohali Village, and prepared minutes of the meeting to that effect on 01.12.2018. Thereafter, said the minutes of the meeting, dated 01.12.2018, was challenged by one Shri Asik Yirang along with 6 (six) others of Siluk village before this Court by filing writ petition being WP (C) 620 (AP) 2020, and vide interim order, dated 13.12.2018, this court was pleased to direct that compensation determined for the disputed land shall not be disbursed without leave of this Court. Thereafter, the appellant filed one I.A. (C) 21 (AP) 2019 in the aforesaid writ petition and after hearing the same, this Court was pleased to vacate the interim order, dated 13.12.2018. Thereafter, the respondents filed one Title Suit being Title Suit No. 58/19 before the District Judge, Pasighat on 06.05.2019 praying for declaration of right, title, interest and permanent injunction in favour of the plaintiff and 77 (seventy seven) others of Siluk village. Thereafter, on 12.07.2019, the respondents filed an Interlocutory Application under Order XXXIX Rule 1 & 2 of CPC being PSG IA No. 33/19, in Title Suit No. 58/19 praying for an ad interim temporary injunction restraining the defendants, their men, agents, representative, servants, employee etc and all persons claiming under them from changing the nature and character of the scheduled land in any manner and to halt the disbursement of compensation by the Deputy Commissioner, East Siang District, Pasighat. And thereafter, vide order, dated 12.07.2019, the learned District Judge, East Siang District, Pasighat passed the interim order directing the Deputy Commissioner, East Siang District, Pasighat not to disburse the compensation amount related to the assets attached with the said disputed land properties. Thereafter, this Court was pleased to dispose of the writ petition vide order, dated 22.07.2019, with an observation that closure of the writ petition shall not in any way affect the merit of the title suit preferred by the writ petitioner before the Court of learned Addl. District Judge, East Siang District, Pasighat. Thereafter, on