KUP SYNREM,SORDAR RNGI Vs. TRIAL SYNREM
HIGH COURT OF MEGHALAYA
Kup Synrem,Sordar Rngi
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T . NANDAKUMAR SINGH, J. -
(1.) Heard Mr. VGK Kynta, learned counsel appearing for the petitioner/defendant.
(2.) NONE appears for the respondents, despite proper service of notice upon them, without showing any cause.
This revision petition is directed against the Judgment and Order dated 26.7.2012 passed in Misc. Appeal No.9 of 2011. The impugned Judgment and Order dated 26.7.2012 is voluminous and consists of 101 pages. As the impugned Judgment and Order is so voluminous, this Court had given anxious consideration as to what are the contents of the voluminous impugned Judgment and Order. But surprisingly, there is not even a whisper in the impugned Judgment and Order as to whether there is irregularity or otherwise, in exercise of discretion by the Trial Court for refusing to grant temporary injunction order. It is only the submission of Mr. VGK Kynta, learned counsel appearing for the petitioner that the first appellate Court had utterly failed to discharge its functions and duties in an appeal against the Judgment and Order of the Court below refusing to pass the injunction order.
(3.) MR . VGK Kynta, learned counsel appearing for the petitioner by referring to the document annexed by plaintiff/respondent in TS No. 8 of 2010 contended that the suit land is a community land i.e. "Ri Raid Land". Under the prevailing custom as well as the law, the Ri Raid Land is a property of the people of the Raid and every member of the Raid has the right to cultivate everywhere in the vacant part of the village for a particular period, normally three years and he/she to whom the said land is allotted, incase of vacating it, it should be returned to the community.;
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