CRP 5(K)/2016. Gauhati High Court
| Case Number | CRP 5(K)/2016 |
| Judgement Date | June 01, 2020 |
| Court | Gauhati High Court |
Civil Revision No 5 (K) of 2016
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)
KOHI MA BENCH
Civil Revision Petition No.5 ( K) of 2016
Shri. Sazolie Angami,
Son of late Tsokhrielie,
Of Chedema Village
District : Kohima, Nagaland
...........Petitioner/ Respondent
-Versus-
Shri. Lhouvitso Zhale,
Son of Kuozelie
Chedema Village,
District : Kohima, Nagaland
….....Respondent/ Petitioner
-BEFORE-
HON’BLE MR. JUSTI CE S.SERTO
For the Petitioner : Mr. Kekhriengulie,
Mr. Khriezelhou,
Ms. Belinda,
Mr. Thejapfutuo Mr. Zaketo, Advs.
For the Respondent : Mr. N.Mozhui,
Ms. K.Kire,
Mr. L. Likhase Sangtam, Ms. R. Zutso,
Ms. Apila Sangtam, Advs.
Date of hearing : 18.05.2017
Date of judgment : 01.06.2017
JUGMENT & ORDER ( CAV)
This is a revision petition filed under Rule 32 of the Rules for Administration of Justice and Police in Nagaland, (Third Amendment) Act, 1984 read with Section 115 of
Civil Revision No 5 (K) of 2016 Page 1 of 6
Civil Revision No 5 (K) of 2016
the Code of Civil Procedure, 1908, praying for quashing and setting aside the ex-parte order dated 15.09.2016, passed by the D.Bs court, Kohima in Pol. Case No. 8 of 2016.
-
The brief facts of the case as submitted by the learned counsel for the
petitioner are as follows;
On 03.11.2014, the present respondent Mr. Lhouvitso Thevo along with some of his family members entered into the disputed forest land situated at Tekhubazou Seikha and started cutting trees, and on being intervened by the petitioner, they discontinued the same. The petitioner reported about the incident to the village authority. I n pursuant to the report, the GB’s of Chedema Village, under whose jurisdiction the disputed land namely, Tekhubazou Seikha is situated, took up the matter for settlement as per the village customary practices, as such called both the parties along with village elders on 04.11.2014. As a result of the process undertaken the GB’s court, on 13.11.2014, decided the dispute in favour of the petitioner.
The respondent being aggrieved by the decision of the GB’s court dated
13.11.2014, preferred an appeal before the Political Assistant to Deputy Commissioner, Kohima (P.A. to D.C.). The P.A. to D.C. disposed the same on 07.04.2015, whereby, the GB’s decision dated 13.11.2014, was interfered with. Aggrieved, the present petitioner, approached this High Court by filing a revision petition, being Civil Revision Petition No. 2(K) of 2015. This High Court on...
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