GOSHIR GYALTSAB RINPOCHE Vs. KARMAPA CHARITABLE TRUST

JUDGEMENT

(1.) The instant Transfer Petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the third defendant therein, seeking transfer of the Title Suit No.1 of 2017 (Karmapa Charitable Trust & Ors. vs. State of Sikkim & Ors.), pending on the file of the District Judge, Special Division-I, East Sikkim, Gangtok to any subordinate court of the lowest grade, having pecuniary jurisdiction in the matter.

(2.) The facts, in nutshell, relevant for adjudication of the petition, are that the Respondents 1, 2 & 3 with one Kunzig Shamar Rinpoche filed a Title Suit No. 8 of 2004 in the Court of the District Judge (East & North) at Gangtok, seeking a decree for recovery/restoration/ return of the main key of the principal shrine hall of Dharma Chakra Centre, Rumtek, East Sikkim, along with other incidental reliefs. The Goshir Gyaltsab Rinpoche vs. Karmapa Charitable Trust & Ors. valuation of the suit was determined at Rs.1,00,000.00 (Rupees One lakh). Accordingly, the suit was filed in the Court of District Judge (East & North) at Gangtok on the basis of valuation of the suit at the relevant point of time.

(3.) The first Respondent and one Kunzig Shamar Rinpoche moved the Supreme Court of India in a transfer petition, being Transfer Petition (Civil) No.191-194 of 2010, seeking transfer of the said Title Suit No.8 of 2004 titled as Karmapa Charitable Trust & Ors. vs. State of Sikkim & Ors., pending on the file of District Judge, Special Division-I, East Sikkim, Gangtok and also other petitions to the court of any competent jurisdiction preferably at Delhi. The Supreme Court by order dated 07.11.2012 passed the following order: