Main Eviction Suit Kept in Cold Storage: Meghalaya High Court Directs Expedited Disposal Amid Miscellaneous Proceedings
In a recent pronouncement on 31st October 2023, the High Court of Meghalaya, presided over by Hon’ble Mr. Justice H. S. Thangkhiew, pointed out that the main eviction suit concerning the ‘Sweety Studio’ premises at Laitumkhrah, Shillong has been “kept in cold storage” while miscellaneous proceedings were aggressively pursued by the parties involved.
The case, styled as Smti. Clara Batskhem Nonghuloo Vs. Smti. Anju R.T. Khriam, originated from an eviction suit filed back in 2019, which saw a series of miscellaneous applications and proceedings, leading to multiple orders from the lower courts. The appeal brought before the High Court was initially a Second Appeal but was converted to a Civil Revision Application upon the appellant’s request, given its origin from miscellaneous applications within the eviction suit.
The crux of the matter revolved around the restoration of electricity to the suit premises, which became a point of contention amid other issues related to tenancy and rent payment. The appellant sought to challenge the orders that were in favor of the respondent regarding the restoration of electricity and other related matters.
In its observation, the High Court noted, “A fact that cannot be ignored in this respect, is that, the respondent/defendant while aggressively contesting the Misc. Cases filed in the suit, since its institution on 11.07.2019, neglected to file her written statement, which was done only on 05.03.2021.” This delay in filing the written statement was highlighted as one of the factors contributing to the prolonged adjudication of the main eviction suit.
The Court, after examining the impugned order dated 20.05.2022 and other connected orders, directed that the “findings on the other issues, which are yet to be framed and still to be tried by the Trial Court, are to be disregarded.” It upheld the direction for the restoration of electricity to the premises, allowing the respondent to continue business operations during the pendency of the eviction suit.
Furthermore, the Court directed the Trial Court to take up the eviction suit for “expeditious disposal” and complete it preferably within a period of eighteen months from the date of receipt of records from the High Court.
This directive by the High Court aims to steer the focus back to the main eviction suit and ensure a timely resolution, setting aside the distractions caused by the miscellaneous proceedings that have prolonged the adjudication process.
Date of Decision: 31.10.2023
Smti. Clara Batskhem Nonghuloo VS Smti. Anju R.T. Khriam
