CANTONMENT HARIJAN WELFARE ASSOCIATION AND ORS. Vs. THE UNION OF INDIA AND ORS.

JUDGEMENT

(1.) HEARD Mr. R. Gurung, learned counsel appearing for the petitioners and also Mr. S.P. Mahanta, learned senior counsel assisted by Mr. H. Abraham, learned counsel appearing for the respondents No. 2 & 3.

(2.) IN the writ petition itself, the petitioners had categorically pleaded that the impugned judgment and decree dated 09.04.2015 passed by the learned Munsiff, East Khasi Hills District, Shillong in T.S. No. 25 (H) 2004 is an applicable one and appeal lies in the Court of the learned District Judge, East Khasi Hills District. It is also stated in the writ petition that the petitioners are to obtain a certified copy of the said impugned judgment and decree dated 09.04.2015 passed by the learned Munsiff, East Khasi Hills District, Shillong for filing the appeal.

(3.) IN the writ petition, it is stated that the Presiding Officer of the Court of the District Judge, Shillong is the husband of the Munsiff, who passed the impugned judgment and decree. Learned counsel for the parties also contended that there is no Presiding Officer of the Court of Additional District Judge, East Khasi Hills District, Shillong and therefore, learned District Judge, East Khasi Hills District, Shillong, cannot transfer the appeal against the impugned judgment and decree of the learned Munsiff dated 09.04.2015 passed in T.S. No. 25 (H) 2004 for disposal to the Court of the Additional District Judge, East Khasi Hills District, inasmuch as there is no Presiding Officer of the Court of Additional District Judge, East Khasi Hills District, Shillong.