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2015 DIGILAW 117 (MEG)

U. Briston Paliar v. US Dolly Paliar

2015-07-31

S.R.SEN

body2015
ORDER : The petitioner’s case in a nutshell is that: “The applicant petitioner herein is a resident of Umdohlun Village, Nobosohphon Syiemship, West Khasi Hills District, Meghalaya and he had originally filed a suit bearing No. TS No.18 of 1995 for declaration of right, title and interest, permanent injunction and for damage valued at Rs. 10,00.000/- and out of 13(thirteen) defendants only defendant No.1, 2, 3 and 12 contested the suit and filed their written statement, whereas, the rest did not contest the suit. On the basis of the pleadings of the respective parties, 10 numbers of issues were framed. Evidence of the parties were recorded and after proper appraisal the suit was decreed in favour of the Applicant Petitioner/Plaintiff in TS No.18 of 1995 vide judgment and order dated 22.08.2012. The applicant petitioner/plaintiff herein has filed written argument on 28.04.2009 in TS No.18 of 1995 and the appellant/respondent/defendant had filed the written argument on 21.09.2009 after around 5(five) months of the receipt of the written argument of the plaintiff and the judgment was delivered by the trial court on 22.08.2012 after around 3 years of the date of filing of the written argument by the applicant petitioner/plaintiff. The respondents/defendants being aggrieved had preferred an appeal bearing Title Civil Appeal No.1 of 2012 against the alleged impugned judgment dated 22.08.2012 passed by the ld Court of the Presiding Officer, Sub-ordinate District Council Court in TS No.18/1995 in the court of Judge, District Council Court, Shillong. The ld appellate court below vide impugned judgment dated 26.03.2014 had quashed and set aside the judgment dated 22.08.2012 passed in TS case No.18 of 1995. Being aggrieved by the impugned judgment dated 26.03.2014 passed by the ld appellant Court below in Title Civil Appeal No.1 of 2012, the applicant petitioner herein has preferred the instant petition”. 2. Heard Mr. B.K. Deb Roy, learned counsel appearing for the petitioner who submits that, in this instant case, the appellate court of Mr. S. Kharsyiemlieh, Judge, District Council Court, East Khasi Hills, Shillong, disposed of the Title Civil Appeal No. 1 of 2012. He was also the Presiding Officer in this instant matter in question and has recorded the deposition of 2(two) witnesses and also rendered some effective orders. S. Kharsyiemlieh, Judge, District Council Court, East Khasi Hills, Shillong, disposed of the Title Civil Appeal No. 1 of 2012. He was also the Presiding Officer in this instant matter in question and has recorded the deposition of 2(two) witnesses and also rendered some effective orders. So, the learned counsel for the petitioner submits that, if the matter is remand back to any Additional Judge, District Council to hear the matter afresh, it will serve this purpose and he will have no grievances. 3. On the other hand, Mr. B. Bhattacharjee, learned counsel appearing for the respondents submits that, he is in apprehension that, in the meantime petitioner may take steps to file the Execution case. 4. Considering the submissions advanced by the learned counsel at Bar and after applying my mind, I am of the view that, once the Presiding Officer takes part in any proceedings, he should not sit and hear the matter as a appellate court. Therefore, the impugned judgment and order dated 26.03.2014 passed in Title Civil Appeal No. 1of 2012 is hereby set aside. The matter is hereby remand back to the Additional Judge, District Council to hear the matter afresh and to give his verdict in accordance with law. In the meantime, I have made it clear that, if any Execution proceeding is filed, that shall be kept in abeyance until the matter is decided by the appellate court by giving opportunities to the aggrieved parties to make an appeal which applies in accordance with law. 5. The Registry is directed to return back the Lower Court case record to the Court of the learned Judge, District Council Court, East Khasi Hills, Shillong alongwith a copy of this order. 6. With these observations and directions, the instant Civil Revision Petition stands disposed of.