STATE OF SIKKIM Vs. NAR BAHADUR KHATIWARA

JUDGEMENT

(1.) THE revision is directed against the Order dated 16.03.2010 of the learned District Judge, East & North Sikkim at Gangtok in Title Misc. Appeal No. 2 of 2010 confirming the Order dated 12.02.2010 made in Title Suit No. 1 of 2006 passed by the learned Sr. Civil Judge, East & North Sikkim at Gangtok, whereunder the Court below refused to try the 3 issues out of 13 issues as preliminary issues.

(2.) THE 13 issues framed in the above suit are: -

(3.) IT is brought to the notice of this Court that the suit property has already been acquired by the Government in the public interest and the possession of the suit property has also been taken over by the Government.