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2026 Supreme(Online)(Gau) 13069

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Anjan Moni Kalita, J
Mudang Pai – Appellant
Versus
Liagi Tage Halu and 3 Ors – Respondent
CRP/32/2026



Advocates:
For the Appellants/Petitioners: Tony Pertin, Sana Macha Singh, T Mize, H K Jamoh
For the Respondents:

The court is examining the propriety of a trial court staying a civil suit to refer the matter to a village authority, particularly when such authority refuses to adjudicate the dispute.

Headnote:The petitioner filed a civil revision petition under Article 227 of the Constitution of India challenging an order dated 21.08.2025 and a subsequent review rejection dated 09.03.2026. The trial court in Title Suit No. 11/2024 had directed the village authority, specifically the Diibo Gaon Burah and Buri Association, to decide the matter and kept the suit in abeyance. The primary issue is whether the trial court erred in relegating a civil dispute to a village authority and subsequently rejecting the application for review when the said authority refused to entertain the matter. The petitioner contends that they are left remediless as the village authority declined to resolve the dispute. Issue notice, returnable in four weeks.

ORDER

Heard Mr. T. Pertin, learned counsel for the petitioner.

The present civil revision petition under Article 227 of the Constitution of India has been filed against the order dated 21.08.2025, passed by the learned Civil Judge (Senior Division), Ziro in Title Suit No. 11/2024, whereby the learned Trial Court instead of hearing the matter, directed the village authority, namely, Diibo Gaon Burah and Buri Association, Ziro to decide the matter and kept the suit in abeyance. The instant petition has also assailed the order dated 09.03.2026, passed in I.A. No. 67/2025 in Title Suit No. 11/2024, whereby the Court of learned Civil Judge (Senior Division), Ziro rejected the petitioner’s application for review of the order dated 21.08.2025.

The learned counsel for the petitioner submits that the dispute between the parties was earlier placed before the Diibo Gaon Burah and Buri Association, Ziro, however, the matter could not be resolved. In view of the aforesaid situation, the petitioner approached the learned Civil Judge (Senior Division), Ziro for adjudication of the matter by filing Title Suit No. 11/2024. However, he submits that instead of proceeding with the hearing of the Title Suit, the learned Trial Court passed the order dated 21.08.2025 by relegating the matter again to the said village authority.

Learned counsel further submits that pursuant to the order dated 21.08.2025, the petitioner approached the Diibo Gaon Burah and Buri Association again. However, they refused to entertain the matter. Faced with the aforesaid situation, the petitioner approached the Court of the learned Civil Judge (Senior Division), Ziro for review of the order dated 21.08.2025 by filing I.A. No. 67/2024, which was rejected by the learned Civil Judge (Senior Division), Ziro.

Mr. Pertin, learned counsel for the petitioner submits that being left remediless, the petitioner has approached this Court by filing the instant civil revision petition.

Issue notice, returnable in four weeks.

The learned counsel for the petitioner shall take steps for service of notice upon the respondents by Speed Post as well as by usual process within three days from today.

List the matter after four weeks.

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