NIM PINCHO BHUTIA Vs. BHIM BAHADUR RASAILY

JUDGEMENT

(1.) The two Writ Appeals seek to assail the judgment and order passed by the learned Single Judge of this Court in W.P.(C) No. 33 of 2020. W.A. No. 5 of 2022 has been preferred by one Nim Pincho Bhutia (respondent no.6 in the Writ Petition) and W.A. No.7 of 2022 has been preferred by the State of Sikkim and others (respondent nos. 1, 2, 3 and 4 in the Writ Petition).

(2.) The Writ Petition was preferred by Bhim Bahadur Kami and five others, who are respondent nos.1 to 6 in both the Writ Appeals (for convenience they are collectively referred to as the writ petitioners). According to the Writ Petition, Bhim Bahadur Kami was born on 10/2/1949 to late Gumaney Kami and late Echu Maya. The respondent nos. 2 to 6 claim to be the natural sons of Bhim Bahadur Kami.

(3.) The Writ Petition was filed challenging an order dtd. 17/12/2019 passed by the Additional District Magistrate in COI Case No. 27/DM/East of 2018 and the order dtd. 13/10/2020 passed by the Appellate Authority in Appeal Case No. 01 of 2020 against the order dtd. 17/12/2019.