Dorbar Shnong Of Cleve Colony vs Shri. Peter Allan Thorose on 20 March, 2026

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    Meghalaya High Court

    Dorbar Shnong Of Cleve Colony vs Shri. Peter Allan Thorose on 20 March, 2026

                                                                     2026:MLHC:248
    
    
    
    
     Serial No. 01
     Regular List
    
    
    
                            HIGH COURT OF MEGHALAYA
                                AT SHILLONG
    
    CRP No.4 of 2026                                    Date of Order: 20.03.2026
           Dorbar Shnong of Cleve Colony
           Represented by its Headman,
           Shri. Wadlihok Jones Nongrum
           S/o S.K. Jones
           R/o Cleve Colony, Shillong-793003
           East Khasi Hills District, Meghalaya.
                                                            .....Petitioner
                          -VERSUS-
           Shri. Peter Allan Thorose
           S/o (L) Alexander Thorose
           R/o St. Peter's School,
           Shillong-793003
           East Khasi Hills District, Meghalaya.
                                                            .....Respondent
    Coram:
                     Hon'ble Mr. Justice B. Bhattacharjee, Judge
    
    Appearance:
    For the Petitioner/Appellant(s)     : Mr. K. Paul, Sr.Adv with
                                          Mr. S. Khyriem, Adv
    
    For the Respondent(s)               : Mr. D. Thabah, Adv
    
    
                                      ORDER(Oral)
    

    1. Heard Mr. K. Paul, learned Senior counsel assisted by Mr. S.
    Khyriem, learned counsel appearing for the petitioner and also Mr. D.
    Thabah, learned counsel appearing for the respondent.

    Page 1 of 3

    SPONSORED

    2026:MLHC:248

    2. This revision petition is directed against the impugned order dated
    30.01.2026 passed by the learned Court of the Assistant to the Deputy
    Commissioner, Shillong in Misc.Case No.2(T) of 2026 arising out of
    Title Suit No.21(T) of 1990, whereby the petitioner was restrained from
    carrying out the ongoing construction of a footpath in Cleve Colony.

    3. The learned Senior counsel for the petitioner contends that the
    petitioner was not a party to the suit and the learned Trial Court thereby,
    acted in gross illegality in passing the impugned order against the
    petitioner. By referring to the provision of Order 39 Rule 1 and 2 of the
    CPC
    , he contends that the law does not contemplate passing of any
    injunction order against a person who is not a party to the suit. He further
    contends that the action of the Trial Court in passing the injunction defied
    all the rational norms of justice as the petitioner was not given any chance
    to be heard before the order was passed. He, therefore, submits that it is a
    fit case for this Court to exercise its supervisory jurisdiction under Article
    227
    of the Constitution to prevent abuse of process of law.

    4. The learned counsel appearing for the respondent, on the other
    hand, contends that passing of the impugned order was necessitated due
    to the interference of the petitioner with the suit property. He submits that
    the petitioner in the guise of construction of a footpath had intruded into
    the private land of the respondent for which an FIR was also lodged with
    the police. He, therefore, submits that the passing of the order was aimed
    at preventing illegal action of the petitioner and hence, the impugned
    order cannot be faulted.

    5. Upon hearing the parties, it appears that there is no dispute to the
    fact that the petitioner was not a party to Title Suit No.21(T) of 1990.
    There is also nothing on record to indicate that any application was filed
    before the Trial Court seeking impleadment of the petitioner as a party in

    Page 2 of 3
    2026:MLHC:248

    Title Suit No.21(T) of 1990 before the impugned order dated 30.01.2026
    was passed. As the petitioner was never a part of the litigation, he could
    not have been lawfully injuncted by the trial court by passing the
    impugned interim order. The provision of Order 39 Rule 1 and 2 of the
    CPC
    nowhere authorizes a court to pass a direct order of injunction
    against a person who is not a party to the suit. Moreover, it is not the case
    of the respondent that the petitioner was acting under any of the
    defendants in Title Suit No.21(T) of 1990. It is, therefore, clear that the
    exercise of jurisdiction by the trial court in passing the injunction order
    against the petitioner was not in accordance with law. Hence, it is a fit
    case requiring interference by this Court in exercise of its supervisory
    jurisdiction and accordingly, the impugned order dated 30.01.2026 passed
    in Misc.Case No.2(T) of 2026 by the learned Court of the Assistant to the
    Deputy Commissioner, Shillong is hereby set aside and quashed.

    6. It is made clear that this Court has not gone into the merits of the
    claim and counter claim of the respective parties and the same shall
    remain open for consideration at an appropriate point of time when
    required by law. This order shall also not disentitle the respondent to seek
    redressal of his grievance against the petitioner in accordance with law.

    7. With the above, this revision petition stands disposed of.

    Judge

    Meghalaya
    20.03.2026
    “Shrity,PS”

    Signature Not Verified
    Digitally signed by SHRITY Page 3 of 3
    CH MOMIN
    Date: 2026.03.20 17:03:03 IST



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