KERLANG TARIANG Vs. LING TARIANG
LAWS(MEGH)-2021-2-5
HIGH COURT OF MEGHALAYA
Decided on February 03,2021

Kerlang Tariang Appellant
VERSUS
Ling Tariang Respondents

JUDGEMENT

H.S.THANGKHIEW,J. - (1.) This application has been filed for transfer of Misc. Civil Appeal No. 3 of 2018 (Ling Tariang v. Kerlang Tariang) pending before the Court of the Judge District Council Court at Jowai. The facts in brief as set out is that the respondent (as plaintiff) had instituted a suit for declaration that the petitioner (defendant) was no longer the Lyngdoh of Raid Amwi, Jarain, before the Subordinate District Council Court at Jowai, being Title Suit No. 15 of 2018. In the Misc. case for injunction an order dated 27.09.2018, was passed restraining the petitioner from exercising the post of Lyngdohship of Raid Amwi, but subsequently on an application filed by the Executive Committee of Raid Amwi, Jarain as interveners, the Subordinate District Council Court by order dated 01.11.2018, ordered that status quo be maintained till 28.11.2018. The respondent thereafter, preferred an appeal before the Court of the Judge, District Council Court, being Misc. Civil Appeal No. 3 of 2018. The learned Judge, District Council Court while admitting the appeal by order dated 19.11.2018, stayed the operation of the order dated 01.11.2018 until further orders, and the same is still pending hearing, due to the fact that the Office of the Judge is presently vacant. The grievance of the petitioner is that taking advantage of the non-availability of the Court, and the stay order dated 19.11.2018, the respondents are taking the utmost advantage of the trial court order of restraint on the functioning of the petitioner as Lyngdoh dated 27.09.2018. As such, a prayer has been made for urgent transfer of the matter to any other Court of competent jurisdiction.
(2.) I have heard learned counsels for the parties. As submitted, it is noted that the Office of the Judge District Council Court has been vacant for a considerable period of time and a fresh appointment is yet to be made. During pendency of this instant application, the counsels had also been directed to seek information as to whether there was any possibility of the Court functioning in the near future, but the same could not be ascertained.
(3.) As the matter seems urgent in nature, it would therefore be, in the interest of justice, if the said appeal pending in the Court of the Judge, District Council Court, Jowai, be transferred to any other court of competent jurisdiction for disposal. The learned counsel for the respondent, Ms. P.S. Nongbri, has also submitted that the respondent has no objection if the matter is transferred.;


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