Thokchom Manglembi Devi vs Thokchom (N) Phamdom (O) Nungshitonbi … on 6 May, 2026

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    Manipur High Court

    Thokchom Manglembi Devi vs Thokchom (N) Phamdom (O) Nungshitonbi … on 6 May, 2026

    Author: A. Guneshwar Sharma

    Bench: A. Guneshwar Sharma

                                                                       Item No. 6
                   IN THE HIGH COURT OF MANIPUR
                             AT IMPHAL
    
                          MAT. APP. No. 7 of 2026
    
    Thokchom Manglembi Devi, aged about 48 years, D/o (L) Thokchom
    Dhananjoy Singh, a resident of Keishampat Leimajam Leikai, PO & PS
    Imphal, Imphal West District, Manipur, Pin No. 795001
                                                                   ... Appellant
                                  - Versus -
    
    1.    Thokchom (N) Phamdom (O) Nungshitonbi Devi, aged about 46
    years, D/o (L) Thokchom Dhananjoy Singh and W/O. Phamdom
    Chandramani Singh, a resident of Ghari Awang Leikai, PO Tulihal & PS
    Lamphel, Imphal West District, Manipur Pin No.795140..
    2.    Thokchom (N) Wahengbam (O) Sanahanbi Devi, aged about 41
    years, D/o (L) Thokchom Dhananjoy Singh & W/O Wahengbam
    Nanaomacha Singh, Wahengbam Leikai, PO & PS Imphal, Imphal West
    District, Manipur Pin No.795001.
    3.    Thokchom (O) Sabitri Devi, aged about 57 years, w/o late
    Thokchom Priyokumar Singh, a resident of Keishampat Leimajam Leikai,
    PO & PS Imphal, Imphal West District, Manipur -Pin No.795001.
    
                                                             ... Respondents
                         BEFORE
           HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
          HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
    
    For the appellant         :        Mr. M. Nicky Singh, Advocate
    
    For the respondents       :        Ms. L. Sillori, Advocate.
    
    Date of hearing & order :          06.05.2026
    
    
    
    
                                                               Page 1|5
                                  O R D E R
    

    [M. Sundar, CJ]

    [1] A very interesting scenario has unfurled in the captioned

    SPONSORED

    matter. Learned counsel for sole appellant seeks leave of this Court to

    withdraw the captioned appeal with preservation of rights to file a suit

    afresh. The reason is, Mr. M. Nicky Singh, learned counsel on record

    for sole appellant and Ms. L. Sillori, learned counsel on record for all

    the respondents submit in one voice, that captioned matter is directly

    and squarely covered by an order dated 19.02.2026 made in MAT.

    APP. No. 6 of 2026 by this Court and reproduction of this order is as

    follows:

    ’19. 02.2026
    [1] After some arguments, Mr. TH. Kunjaraj Singh,
    learned counsel on record for the sole appellant sought leave of
    this Court to withdraw captioned appeal but made a plea to
    preserve all the rights and contentions of the sole appellant to file
    another suit in the jurisdictional Family Court seeking declaration
    qua State and other Governmental authorities who may be
    necessary for appellant to get Family Pension vide office
    memorandum dated 17.05.2011 made by Government of Manipur
    Secretariat: Finance Department (Pay Implementation Cell) read
    with a corrigendum dated 27.06.2011.

    [2] A scanned reproduction of the endorsement made
    by learned counsel on record for sole appellant in the case file is
    as follows:

    Page 2|5
    [3] Though it is a case of withdrawal, we deem it
    appropriate to write that withdrawal became necessary inter-alia
    owing to Section 35 of the Specific Relief Act, 1963 (‘sad Act’)
    which makes it clear that a declaration qua Chapter VI of said Act
    (captioned ‘Declaratory Decree’) is binding only on the parties to
    the suit. In the case on hand, State/Governmental authorities
    concerned are not party/parties to the suit. To be noted, there is
    no dispute that the sole appellant filed the suit being
    Matrimonial(Declaration) Suit No. 7 of 2025 CNR: MNIW05-
    000312-2025 on the file of the Family Court Manipur at
    Lamphelpat Imphal solely for the purpose of claiming family
    pension qua her late father, Mr. Huidrom Gyanesor Singh who was
    a Government employee/Government servant and who was
    working as Superintendent under the Deputy Director of
    Industries, Department of Industries, Government of Manipur,
    retired from service on 30.06.2010 and died 01.05.2023.
    [4] If the sole appellant files a suit seeking declaration
    regarding afore-referred subject matter arraying
    State/instrumentalities of State/Government authorities concerned
    qua family pension vide afore-referred office memorandum and
    corrigendum thereat, the same shall be entertained by the
    jurisdictional Family Court and for this purpose, we make it clear
    that such a suit, if filed will not be hit by res-judicata vide section
    11
    of the Code Civil Procedure 1908 (CPC) as it would not be ‘suit
    between the same parties’. However, the suit will be

    Page 3|5
    examined/tried on its own merits and in accordance with law
    untrammeled by withdrawal of captioned appeal.

    [5] In the light of the narrative thus far and in the light
    of endorsement made by learned counsel on record for sole
    appellant, captioned appeal is disposed of as closed/withdrawn
    albeit with preservation of rights and contentions in the aforesaid
    manner and observations as above.

    [6] There shall be no order as to costs.’

    Afore-referred learned counsel on both sides submit that

    a similar order may please be made in instant case. In this regard, Mr.

    M. Nicky Singh, learned counsel for appellant has made an

    endorsement in the case file and scanned reproduction of the same is

    as follows:

    Page 4|5
    [2] In the light of the narrative thus far, captioned statutory

    appeal under Section 19 of ‘Family Courts Act, 1984 (66 of 1984)’ is

    disposed of as withdrawn / closed albeit with preservation of rights and

    contentions in the manner set out in afore-referred 19.02.2026 order

    more particularly Paragraph No. 4 thereat. For the sake of specificity,

    this Court deems it appropriate to clarify that if the appellant files a suit

    afresh, the same shall be entertained by the jurisdictional matrimonial

    Court by strictly adhering order dated 19.02.2026, more particularly

    paragraph 4 thereat in MAT. APP. No. 6 of 2026 and dispose of the

    fresh suit on its own merits and in accordance with law.

    [3] If the appellant files a fresh suit, the jurisdictional Family

    court shall consider the same on its own merits and in accordance with

    law.

    [4] Captioned appeal is disposed as closed/withdrawn albeit

    with preservation of rights and observations as above. There shall be

    no order as to costs.

                                JUDGE                CHIEF JUSTICE
    
    John Kom
    
    
    
    
                                                                  Page 5|5
     



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