UMESH AGARWAL Vs. MRIDULA AGARWAL

JUDGEMENT

(1.) THE writ petition is directed against the order dated 20.05.2010 of the learned District Judge, East and North Sikkim at Gangtok in Civil Misc. Appeal No. 1 of 2010 confirming the order dated 03.03.2010 of the Civil Judge, East Sikkim at Gangtok on the file of the Suit No. 1 of 2008 (original Suit No. 10 of 1994 on the file of the Civil Judge, East at Gangtok).

(2.) THE writ petitioner is the appellant before the learned District Judge, East and North in Appeal No. 1 of 2010 and the plaintiff in Suit No. 1 of 2008, on the file of the Civil Judge, East, laid for declaration, injunction and for consequential relief with respect to the plaint Schedule `A' and `B' properties.

(3.) APPRECIATING the said contention of the respondents/ defendants, the learned Civil Judge, East by order dated 03.03.2010 modified the order dated 16.10.2007 to the effect that the respondents/defendants is entitled to collect the rent of the premises occupied by the tenant, namely, State Bank of Sikkim. Aggrieved by the said order of the learned Civil Judge, East at Gangtok dated 03.03.2010, the appellant plaintiff preferred the appeal before the learned District Judge, East and North at Gangtok in Civil Misc. Application No. 1 of 2010 which was dismissed by an order dated 20.05.2010, hence the present writ petition.