Sikkim High Court

CRP/4/2018 of Ashok Kumar Subba Vs Kamal Kumari Subba and Others on 16 August 2018

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COURT OF SIKKIM Record of Proceedings Page 1 of 4 CRP No. 4 of 2018 ASHOK KUMAR SUBBA PETITIONER (S) VERSUS KAMAL KUMARI SUBBA AND OTHERS RESPONDENT(S) Date: 16.08.2018 CORAM : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, A.C.J. For Petitioner : Ms Pramila Rai and Ms. Rachna Rai,

CRP No. 4 of 2018

ASHOK KUMAR SUBBA

PETITIONER (S)

VERSUS

KAMAL KUMARI SUBBA AND OTHERS

RESPONDENT(S)

Date: 16.08.2018

CORAM :

THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, A.C.J.

For Petitioner : Ms Pramila Rai and Ms. Rachna Rai, Advocate.

For Respondents No. 1 & 2 :

Mr. C. K. Kumai, Mr. Vivek Anand Basnett and Ms Mina Bhusal, Advocate.

For Respondent No. 3 :

Mr. Thinlay Dorjee, Govt. Advocate with Mr. S.K. Chettri and Mrs. Pollin Rai, Asst. Govt. Advocates.

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ORDER

1. Heard on I.A. No. 1 of 2018 and the instant Petition under Article 227 of the Constitution of India.

2. The prayer in I.A. No 1 of 2018 is for stay of the Title Suit No. 33 of 2014, pending before the Court of the learned Civil Judge, East Sikkim at Gangtok. That, the issues involved in Title Suit No. 412 of 2013, decided by the learned Civil Judge, East Sikkim at Gangtok, on 31.08.2017, now pending disposal before the learned District Judge, East Sikkim at Gangtok, as Title Appeal No. 14 of 2017 are similar to issues involved in the Title Suit No. 33 of 2014.

3. In the Petition under Article 227 of the Constitution of India, the prayer is for setting aside the impugned Order dated 14.02.2018 of the learned Civil Judge, East Sikkim at Gangtok, in Title

Suit No. 33 of 2014, wherein an Application under Section 10 read with Section 151 of the Code of Civil Procedure, 1908 filed by the Plaintiff, was rejected by the learned Court. The Petition also sought stay of Title Suit No. 33 of 2014 during the pendency of the Appeal being Title Appeal No. 14 of 2017 before the learned District Judge, East Sikkim at Gangtok.

4. It is evident, that in sum and substance, the prayer in the I.A. is the same as the prayer in the Petition under Article 227 of the Constitution of India and is, therefore, superfluous. Nevertheless, both are taken up for hearing.

5. During the course of such hearing, learned Counsel for all the Respondents submitted that they have no objection to the Order of the learned Trial Court dated 14.02.2018, being set aside and Title Suit No. 33 of 2014 pending before the same Court being stayed as the issues involved in both the matters are the same and the property is common in both the disputes. That, the stay would prevent multiplicity of suits.

6. Having heard learned Counsel for the parties, it is essential to peruse the issues framed in both the Title Suits which are reproduced herein below;

7. In pith and substance, the issues in both Title Suits being 33 of 2014 and 412 of 2013, are substantially the same as reflected herein above and pertain to the same property.

8. Hence,

considering

the

above

circumstance,

the

submissions of learned Counsel for the parties and the no objection of all Respondents in the matter, the Order dated 14.02.2018 of the learned Civil Judge, East Sikkim at Gangtok, in Title Suit No. 33 of 2014, is hereby set aside.

9. Title Suit No. 33 of 2014 is stayed till the decision in the Title Appeal No. 14 of 2017.

10. Title Appeal No. 14 of 2017, shall be decided by the learned District Judge, East Sikkim at Gangtok, within three months from today.

11. CRP No. 4 of 2018 stands disposed of as also the Interlocutory Applications.

12. Copy of this Order be transmitted to the Court of the learned District Judge, East Sikkim at Gangtok and the Court of the Learned Civil Judge, East Sikkim at Gangtok, for compliance.

Acting Chief Justice

16.08.2018

Index : Yes/ No Internet : Yes / No

Jk/bp

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