GOSHIR GYALTSAB RINPOCHE Vs. KARMAPA CHARITABLE TRUST

JUDGEMENT

(1.) THIS appeal is directed against the order dated 17th October, 2001 by the Learned District Judge, East and North Sikkim at Gangtok in Civil Suit No. 40 of 1998. That order was passed during the course of hearing of the application under Order 39 Rules 1, 2 and 7 filed by the Plaintiffs who are respondent Nos. 1 to 4 in this appeal. Consideration of relief regarding temporary injunction was postponed till the decision of the main suit. However, an order was passed appointing a Commissioner to prepare the inventory. While rendering the decision, the question as to the maintainability of the suit was also decided and it was held that the preliminary objections filed by defendants 1,2 and 3 had no merit and the same were rejected. While doing so, the learned trial Court gave reasons in paragraph 15 as under:-

(2.) THE use of word 'prima facie' and the expression that the parties "are yet to lead evidence in support of their respective contentions" shows that the finding recorded by the trial Court that the preliminary objections had no merit was only prima facie for the purpose of the order that was passed and not final. THE controversy as regards the issue of commission has already been settled by this Court with the consent of the parties. As such, no further question remains to be decided in this appeal. THE appeal thus stands disposed of. Appeal disposed of.