STATE OF SIKKIM Vs. SEM SODEUN WANGDI

JUDGEMENT

(1.) HEARD learned counsel for the parties on the stay application.

(2.) THE defendants no. 1, 3 and 4/appellants have preferred an appeal against order dated 17.02.2014, passed by the learned District Judge, Special Division -II at Gangtok, East Sikkim, on an application under Order 39 Rule 1 and 2, read with Section 151 CPC, filed by plaintiff/respondent No. 1, whereby application for injunction filed by plaintiff has been allowed and defendants No. 1 and 2 have been restrained from making any further changes/ constructions in Schedule "B" property until further orders. The appellants have also filed the present stay application along with appeal with a prayer to stay the operation of the impugned order passed by the trial Court during the pendency of the appeal.

(3.) LEARNED trial Court, after hearing the learned counsel for the parties, allowed the application for temporary injunction filed by the plaintiff and directed that all the parties should maintain the status quo over Schedule "B" property and defendants No. 1 and 2 were restrained from making any further changes/ constructions in Schedule "B" property. Being aggrieved with the same, the defendants No. 1, 3 and 4 have preferred an appeal before this Court along with present stay petition.