PHULMAN LIMBOO Vs. SOM MAYA LIMBOO

JUDGEMENT

(1.) This petition under Sec. 115 of the Code of Civil Procedure, 1908 (CPC) seeks to assail two orders dtd. 2/5/2023 and 23/5/2023 passed by the learned District Judge, West Sikkim at Gyalshing in Title Suit No. 01 of 2023.

(2.) The learned District Judge registered the Title Suit, issued summons to the defendants and listed it on 23/5/2023 for appearance of the defendants and for filing written statements vide impugned order dtd. 2/5/2023. It is this order that the revisionists are aggrieved by.

(3.) On 23/5/2023 the learned District Judge directed the parties to maintain status quo and the defendant no.1 to ensure that she maintains status quo with regard to the bank accounts bearing numbers specified therein in the UBI Bank, Canara Bank and IndusInd Bank at Gyalshing. It was further directed that the Branch Managers of the respective banks shall ensure that defendant no.1 is restrained from operating the accounts. Although the revisionists have impugned the order dtd. 23/5/2023 no grievance on merits is made against it in the petition or at the time of hearing. According to the learned counsel since the learned District Judge could not have registered the title suit itself for non payment of the requisite court fees the passing of the order dtd. 23/5/2023 was wrong.