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THE HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Karmapa Charitable Trust – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. summary of litigation history and relief requested. (Para 1 , 2 , 3) |
| 2. correction of trial court's misunderstanding of prior judicial mandates. (Para 4) |
| 3. procedural compliance and natural justice regarding contempt allegations. (Para 5) |
| 4. prioritization of interlocutory findings before final adjudication. (Para 6 , 7) |
| 5. remittance of matter for expedited final resolution. (Para 8 , 9 , 10 , 11) |
JUDGMENT :
Meenakshi Madan Rai, J.
1. Heard Learned Counsel for the parties.
2. The Court of the Principal District Judge, Gangtok, Sikkim, in Title Suit No.05 of 2025 ( The Karmapa Charitable Trust vs. The State of Sikkim, through the Chief Secretary and Others ), vide the impugned Order, dated 28-05-2025, inter alia recorded that;
“…………………………………………………………………………Contrary to the submission of Learned Senior Counsel for the plaintiffs, I am of the opinion that the examination of the local Commissioner (or cross- examination by the parties) is not necessary firstly, because the repairs in the buildings in question, is still under progress and not complete. Secondly, this report cannot form a part of evidence of either parties since the evidence (by all parties) has already come to
A court is required to adjudicate an application concerning the alleged violation of an interim injunction on its own merits before proceeding to the final arguments of the main suit to preserve the ....
Trial Court exceeded its jurisdiction by soliciting interim reports contrary to the Supreme Court’s directive, leading to the quashing of its Orders.
Point of Law : No need for an expert’s opinion to ascertain the condition of the building in regarding the demolition of its roof.
The court clarified that the appointment of a Commissioner for local inspection in encroachment cases is permissible even before trial, reinforcing the report as vital evidence.
The necessity of local inspection in civil suits to ascertain property conditions is affirmed, allowing for better evidence collection.
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