Rangbah Shnong Mawtnum and Anr v. Carmila Mawrie and Anr

HIGH COURT OF MEGHALAYA AT SHILLONG Tr.P.(C) No. 8 of 2024 Date of order: 09.07.2024

¶1Rangbah Shnong, Mawtnum Village Raid Marngar, Mylliem of Syiemship.

¶2Secretary Shnong, Mawtnum Village Raid Marngar, Mylliem of Syiemship. ...Petitioners -Versus -

¶1Smti. Carmila Mawrie, R/o Mawtnum Village, P.O. and P.S. Nongpoh, Ri-Bhoi District, Meghalaya.

¶2Shri M. Makei alias Bin Makri, R/o Mawtnum Village, P.O. and P.S. Nongpoh, Ri-Bhoi District, Meghalaya.

...Respondents Coram: Hon'ble Mr. S. Vaidyanathan, Chief Justice Appearance: For the Petitioners : Mr. C.C.T. Sangma, Adv. For the Respondents : Mr. J. Shylla, Adv. [For R 1] None appears for R/2 A letter dated 21.06.2024 from the District Council Court, Khasi Hills, Shillong has been placed before me pursuant to which the Registry was directed to number the transfer application and to list the matter before this Court. Serial No. 01 Regular List

¶2For relevance, the said communication dated 21.06.2024 from the office of the District Council Court, Khasi Hills, Shillong is extracted below: "OFFICE OF THE DISTRICT CONSEL COURT KHASI HILLS, SHILLONG. __________________________________________________ NO. DC/JDL/III/2/2017-2023/590 Dated Shillong, the 21st, June 2024 To, The Assistant Registrar, High Court of Meghalaya, Shillong. Subject :-Transmission of Case records. Sir/Madam, With reference to the subject cited above, I have the honour to inform you that the appellant in this instant case filed application No.856/24 for referring the matter to the Hon'ble High Court of Meghalaya. On perusal of the instant application alongwith the materials available on record, it is found that this court and the Additional Judges of the District Council Court, Shillong have taken the subject matter of the case, while we were the Presiding Officers, hence this appeal is hereby referred to the Hon'ble High Court of Meghalaya. The original Case Records of Title Civil Appeal No.2 of 2024 (Rangbah Shnong Mawtnum & anr –Vrs– Smti. Carmila Mawrie & anr) and all connected papers of the above mentioned case are sent herewith as per enclosures below. Kindly acknowledge receipt of the same. Enclosures :-Title Civil Appeal No.2 of 2024 Yours faithfully, Sd/-

(i) File 'A' – 129 Sheets. (Smti. S.B. Laitthma) Total – 129 Sheets. Judge District Council Court, Khasi Hills, Shillong"

¶2From the above, it is clear that the matter had been taken up by the Judge and Additional Judge(s) of the District Council Court, Shillong while they were the Presiding Officers, Subordinate District Council Court, Khasi Hills, Shillong.

¶3Mr. J. Shylla, learned counsel appearing for the respondent No. 1 has produced an order dated 10.06.2024 passed in Tr.P.(C) No. 4 of 2024 transferring the matter to the learned Judge, District Council Court, Jowai, West Jaintia Hills District. For ready reference, paragraph 5 of the order dated 10.06.2024 is reproduced hereunder: "5. Accordingly, the prayer is allowed. The said appeal No. MCA No. 01 of 2023 pending before the Judge, District Council Court, Shillong is now transferred to the court of the learned Judge, District Council Court, Jowai, West Jaintia Hills District with a direction that the said court would take up the matter and on appearance of the parties would dispose of the same in accordance with law."

¶4According to both the parties, the issue in both the matters is common even though the parties are different. In view of the same, the matter is transferred to the District Council Court, Jowai, West Jaintia Hills District. Since both the parties are present and the second respondent, Shri M. Makei alias Bin Makri is not represented, no prejudice is going to be caused to him as the matter is transferred and this Court has not decided the matter on merits. The District Council Court, Jowai, West Jaintia Hills District is expected to send fresh notice to the respondent No.2, Shri M. Makei alias Bin Makri so as to enable the parties to appear on 13.08.2024.

¶5Registry is directed to transmit the records to the court of the learned Judge, District Council Court, Jowai.

¶6In view of the above, Tr.P. (C) No. 8 of 2024 stands disposed of. (S. Vaidyanathan) Chief Justice Powered by TCPDF (www.tcpdf.org) Date: 2024.07.12 17:14:12 IST