Page No.# 1/3 GAHC030000412026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/2/2026 Smt. C. Thangpuii W/o K. Lalmawia (L), R/o Durtlang, Aizawl, Mizoram VERSUS Sh. K. Lalthlamuanpuii represented by her mother Lalnunmawii D/o K. Lalchhunga (L), R/o Durtlang, Aizawl, Mizoram Advocate for the Petitioner : Mr. Zodinpuia Hnamte Advocate for the Respondent : Mr. C Tlanthianghlima (Legal Aid Counsel) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA JUDGMENT / ORDER Date : 28.07.2026 1. Heard Mr. Zodinpuia Hnamte, learned counsel for the appellant. Also heard Mr. C. Tlanthianghlima, learned Legal Aid Counsel, appearing for the respondent. 2. The appellant has filed this appeal against the impugned order dated 07/11/2025 passed by the Court of the learned Civil Judge (Senior Division-3), Aizawl, in Heirship Certificate Application No. 1029/2025. Page No.# 2/3 3. The learned counsel for the appellant submits that the learned Trial Court has rejected the Heirship Certificate Application submitted by the appellant, without giving any reason for the same and after the respondent had filed her written objection to the grant of Heirship Certificate to the appellant.

4. The impugned order dated 07/11/2025 passed in Heirship Certificate Application No. 1029/2025, is reproduced herein below as follows :-“1. ThisisHeirshipCertificateApplicationNo.1029of2025filedbyapplicantU/s30(3)oftheMizo Marriage,DivorceandInheritanceofPropertyAct,2014inrespectofLSCNo.Azl-576of1087and LSCNo.881of1987whicharelocatedatDurtlang,Aizawl,MizoramleftbydeceasedK.Lalmawia whohadpassedawayon07.11.2022.Thepetitioneristhewifeofthesaiddeceased. 2. K.LalthlamuanpuiirepresentedbyhermotherLalnunmawiiD/oK.Lalchhunga(L)R/o Durtlang,Aizawl,MizoramthroughherLegalAidCounselnamelyR.K.LalrinsangisubmittedWritten Objectiontotheapplicationinthecourt.Therefore,theinstantapplicationisherebyrejected. 3. Withtheaboveorder,theHeirshipCertificateApplicationNo.1029of2025standsdisposedof. 5. A perusal of the impugned order shows that a final order has been passed in relation to the Heirship Certificate Application No. 1029/2025 by the learned Trial Court, without giving any reasons for the same. 6. It is the bounden duty of the Trial Court to pass an order with reasons. The same not being done, the impugned order is unsustainable in law. The same is accordingly set aside. 7. The case is remanded back to the learned Trial Court to take a fresh decision, only after giving reasons for the same. 8. The learned Trial Court shall proceed with the Heirship Certificate Application No. 1029/2025 after issuing notice to the respondent therein.

9. In appreciation of the assistance provided by the learned Legal Aid Page No.# 3/3 Counsel, his fee shall be paid by the Mizoram State Legal Service Authority. JUDGE Comparing Assistant