Manipur High Court
Ningthoujam Ningol Kananbala Devi vs Naoroibam Rajmani Singh on 3 August, 2026
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item no. 40-41
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
RSA No. 4 of 2024 with
MC(RSA) No. 19 of 2025
Ningthoujam Ningol Kananbala Devi
... Appellant
- Versus -
Naoroibam Rajmani Singh
... Respondents
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
03.08.2026
[1] Present Mr. MI Sharma, learned counsel for appellant and
Mr. T. Rajendra, learned senior counsel assisted by Mr. Bikash Sharma,
learned counsel on behalf of respondent.
[2] In the present second appeal filed under Section 100 of
CPC, at the time of filing of appeal, no decree was prepared by First
Appellate Court for appellate judgement dated 22.12.2023 and there was
confusion about preparation of decree. Later on, First Appellate Court
clarified that no decree was prepared. Subsequently, a decree was
prepared by subsequent Presiding Officer of First Appellate Court and
appellant filed MC(RSA) No. 19 of 2025 for bringing on record a copy of
decree on the file of pending regular second appeal being RSA No. 4 of
2024.
[3] Mr. MI Sharma, learned counsel for the appellant, submits
that application may be allowed and will not cause any change on the merit
of the pending appeal before this Court.
[4] Mr. T. Rajendra, learned senior counsel for respondent,
submits that application may be allowed with preservation of the right of
respondent to raise the question of maintainability of second appeal in the
present form.
[5] This Court has considered the fair submissions of learned
senior counsel for respondent. From record, it is seen that decree was not
prepared by First Appellate Court and subsequently, incumbent Presiding
Officer prepared decree and the same is sought to be brought on record.
Accordingly, MC(RSA) No. 19 of 2025 is allowed. Decree is taken on record.
[6] It is clarified that respondent’s right to raise maintainability of
the present second appeal in the present form is preserved.
[7] List RSA No. 4 of 2024 on 28.08.2026.
JUDGE
Kh. Joshua Maring
Digitally signed
KH. by KH. JOSHUA
JOSHUA MARING
Date:
MARING 2026.08.05
09:51:45 +05'30'
