SEM SODEUN WANGDI Vs. MEENA LAMA

JUDGEMENT

(1.) By filing this Petition under Article 227 of the Constitution of India, the Petitioner impugns the Order dtd. 2/5/2017 in Title Suit No.03 of 2015, on grounds that issues no.9, 10 and 13 in the said Suit are issues which have already been decided in Title Suit No.433 of 2013, vide Judgment, dtd. 12/9/2014, against which the co-Defendants in the instant petition had preferred an Appeal before this High Court in RFA No.13 of 2014 (The Secretary, Forest, Environment and Wildlife Department, Government of Sikkim and Others vs. Smt. Sem Sodeun Wangdi and Another). That, before the High Court, the matter was compromised and the decree modified in terms of the compromise. That, the Respondents No.1 to 13, the Plaintiffs in the Title Suit had sought for declaration of adverse possession and title, however, the issues settled for determination being issues no.9, 10 and 13 may resettle the rights that have already accrued to the Petitioner.

(2.) Heard the rival contentions of Learned Counsel for the parties.

(3.) Issue no.1 in Title Suit No.433 of 2013, and issues no.9, 10 and 13 in Title Suit No.03 of 2015, are extracted hereinbelow for easy reference;