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2014 Supreme(Sikk) 4

N.K.JAIN
State of Sikkim – Appellant
Versus
Sem Sodeun Wangdi – Respondent


Advocates Appeared:
For Appellants :M/s. J. B. Pradhan, Addl. Advocate General with S.K. Chettri and Pollin Rai, Asstt. Govt. Advocates, D.K. Siwakoti, Advocate, Rita Sharma, Legal Counsel (Forest Dept.), Madan Kr. Sundas and Tashi D. Bhutia, Advocates.
For Respondent No. 1:M/s. A. Moulik, Sr. Advocate with K. D. Bhutia, Advocate.
For Respondent No. 2:M/s Chenga Doma Bhutia, Pema Doma and Jigdal G. Chankapa, Advocates.

JUDGMENT

Jain, CJ (Oral).

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. Briefly stated, the facts of the case are that the plaintiff/respondent No. 1 filed a suit for declaration, injunction and consequential reliefs in the trial Court along with an application for temporary injunction in respect of property in dispute. The plaintiff in her application prayed that an order of injunction against defendants No. 1 and 2 be passed, restraining them from proceeding with any































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