BISHNU MAYA RAI Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) Aggrieved by the Order dtd. 21/11/2023 of the Court of the Learned Principal District Judge, at Gangtok, in Title Appeal No.05 of 2022 (Dr. Rameshwar Prasad and Others vs. Chief Secretary, Government of Sikkim and Others), which allowed an application filed by the Respondents No.1, 2 and 3 herein, under Order XXVI Rule 9 and 10 read with Sec. 151 of the Code of Civil Procedure, 1908, (hereinafter, the 'CPC'), the Petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India.

(2.) The Learned First Appellate Court having heard and considered the application filed by the Respondents No.1, 2 and 3, the Appellants before the said Court, under Order XXVI Rule 9 and 10 read with Sec. 151 of the CPC ordered inter alia as follows;

(3.) Before this Court, Learned Senior Counsel for the Petitioner contends that the Learned First Appellate Court has appointed the Commissioner for local investigation for one of the suit properties i.e., plot no.882, although many aspects of the said plot of land have already been determined and attained finality. That, there is enough oral and documentary evidence including the admission of the Respondents No.1, 2 and 3 herein about the physical location of the said plot. Reverting to the facts of the case, it was urged by Learned Senior Counsel for the Petitioner that initially Title Suit No.02 of 2010 (Dr. Rameshwar Prasad and Others vs. Chief Secretary, Government of Sikkim and Others), was filed before the Court of Learned District Judge, Special Division ' II, East Sikkim, at Gangtok. Issues no.5 and 6 framed by the Learned Court were as follows;