CRP (C.R.P. Art. 227) No. 6 of 2022 with

MC [CRP (C.R.P. Art. 227)] No. 54 of 2022

Page 1

Item Nos. 15 & 16

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

CRP (C.R.P. Art. 227) No. 6 of 2022

With

MC [CRP (C.R.P. Art. 227)] No. 54 of 2022

Wahengbam Lokeshwor @ Nokeshwar Singh; & Anr.

Petitioners

Vs.

Thounaojam Ibochou Singh; & Ors.

Respondents

BEFORE

HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

12.01.2023

This civil revision petition was filed under Article 227 of the

Constitution assailing the order dated 11.10.2021 passed by the learned Civil

Judge (Senior Division), Imphal West, in Judl. Misc. Case No. 139 of 2021

(Ref: Original Suit No. 22 of 2009/20/2011/64/2017). The petitioners are two of

the LRs of deceased defendant No. 1 in the said suit.

Upon hearing the arguments of Mr. Kh. Santa, learned counsel for

the petitioners, on 03.02.2022, notice was ordered to the respondents.

Mr. Th. James, learned counsel, entered appearance for the respondents and

thereafter filed an affidavit-in-opposition. Rejoinder thereto was also filed by the

petitioners. Mr. Th. James, learned counsel, raised the issue of maintainability of

the CRP and the matter underwent adjournments to enable the learned counsel

for the petitioners to advance arguments thereon.

However, on 02.11.2022, Ms. Firdawsi Choudhury, learned counsel,

representing Mr. Kh. Santa, learned counsel on record for the petitioners,

informed the Court that the file had been taken away along with a 8no objection9

KABORA

MBAM

SANDEE

P SINGH

Digitally signed

by

KABORAMBAM

SANDEEP SINGH

Date: 2023.01.16

16:14:46 +05'30'

CRP (C.R.P. Art. 227) No. 6 of 2022 with

MC [CRP (C.R.P. Art. 227)] No. 54 of 2022

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vakalatnama. As no other counsel had entered appearance on the strength

thereof, the matter was adjourned to 22.11.2022 to enable the petitioners to

make alternative arrangements. On 22.11.2022, Ms. Firdawsi Choudhury, learned

counsel, stated that a miscellaneous case was filed for determination of their

appearance on behalf of the petitioners. As the said miscellaneous case was not

listed on that day, the matter was adjourned and steps were directed to be taken

to effect service of notice upon the petitioners. Pursuant thereto, the Registry

addressed notices to both the petitioners, but the same were returned with the

endorsements: 8refused by addressee9 and 8refused to take by addressee9.

Today, Mr. Th. James, learned counsel, appears for the

respondents, and Mr. Kh. Santa, learned counsel, reiterates that he has no

instructions to appear for the petitioners as the file was already taken away.

As the petitioners refused to accept the notices issued by the

Registry upon the miscellaneous case filed by Mr. Kh. Santa, learned counsel,

seeking to determine his appearance, this Court is left with no option but to infer

that the petitioners are no longer interested in pursuing this litigation.

MC [CRP (C.R.P. Art. 227)] No. 54 of 2022 is accordingly ordered,

determining the appearance of Mr. Kh. Santa, learned counsel.

In consequence, CRP (C.R.P. Art. 227) No. 6 of 2022 is dismissed

for non-prosecution.

No order as to costs.

CHIEF JUSTICE

Sandeep