SAPAM ONGBI LOIDANG DEVI Vs. TAKHELKUMBAM ONGBI RAJKUMARI MONOSANA DEVI

JUDGEMENT

(1.) It is really sad but is a fact that after consuming an unusual period of more than 10 yrs., this second appeal, registered on 7-1-1993, came up for hearing. On 17-7-95, this Court made an observation that the appeal was being dragged for nothing with further observation that none of the counsel engaged for the parties v/ere either appearing or taking any appropriate steps towards the progress of the appeal. The matter continued to get adjourned on this or that grounds on request from the parties. It appears that the matter was left totally uncared for since 17- 12-98 till 27-5-2003. Further prayer for adjournment was, however, refused and matter was heard on 19-2-2004.

(2.) This appeal initially registered on 29- 8-85 as C.A. No. 6/85 before this High Court was send down on ground of pecuniary jurisdiction to lower Court vide order dated 10-11-89. However, on admission, stay of execution of impugned decree was allowed by this Court vide order dated 12-1-1993 (Misc. Appln. No. 8/93).

(3.) Late Sapam Kunjo Singh, who was the defendant No. 7 before the Court of first instance and principal respondent No.7 before the first appellate Court, preferred this second appeal against the judgment and decree dated 4-8-92 passed by the Addl. District Judge, Manipur East, in Civil Appeal No.1/90/2/90/13/90/1/92 of this Court. The first appellate Court decreed the suit by setting aside the judgment and decree dated 31-5-85 passed by the Court of subordinate Judge No. 11, Manipur, in original Suit No. 29/75 dismissing the suit.