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Judgment Search Results Home > Cases Phrase: mediation Court: sikkim Year: 2004 Page 1 of about 3 results (0.013 seconds)

Aug 11 2004 (HC)

Karma Denka Bhutia and anr. Vs. Sarki Lamu and anr.

Court : Sikkim

Decided on : Aug-11-2004

Reported in : AIR2004Sik33

r.k. patra, c.j.1. plaintiffs are the appellants in this second appeal which is directed against the decree dated 27-6-2003 of the learned district judge, special division-i, sikkim in civil first appeal no. 1 of 2002 who has dismissed the suit by reversing the decree dated 28-2-2001 of the civil judge (east) at gangtok in civil suit no. 31 of 1997.2. the appellants instituted the suit against the original defendant lakpa sherpa (the respondents are his legal representative) for declaration that they are the absolute owners of a two storeyed wooden house measuring 15' x 40' situated at rongli bazar (hereinafter mentioned as the suit premises), that the entry in the records of rights in respect of the suit premises in the name of the original defendant is incorrect and for permanent injunction restraining them from interfering with their peaceful possession of the suit premises.the case is of the appellants that one goley gyalpu bhutia was the owner of the suit premises. his son was laku ongden bhutia, the appellants being its daughters through his first wife. in the year 1969, after the demise of their mother, their father laku ongden bhutia remarried another woman on account of which they were brought up under the care and custody of their (maternal) grandfather cholek dorjee bhutia who was appointed as their guardian ad litem by the chief magistrate, gangtok in his order dated 10-8-1972 in civil miscellaneous case no. 41 of 1972. during the guardianship the appellants' .....

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May 28 2004 (HC)

State of Sikkim Vs. the Jammu and Kashmir Bank Ltd.

Court : Sikkim

Decided on : May-28-2004

Reported in : AIR2005Sik12; [2006]132CompCas514(NULL)

n. surjamani singh, j. 1. the judgment and decree dated 15th february 2001 passed by the district judge (e and n) in civil suit no. 21 of 1994 is the subject-matter under challenge in this appeal preferred by the plaintiff, appellant herein. the facts of the case, in a short compass, are as follows :--the plaintiff, the state of sikkim, the appellant herein filed a suit being civil suit no. 9 of 1992 which is subsequently renumbered as civil suit no. 21 of 1994 before the court below against the defendants, the present respondent nos. 1, 2 and 3 herein for a decree for declaring that the plaintiff/ appellant is entitled to recover a sum of rs. 40 lakhs from the defendant no. 1, first respondent herein, for payment of the same by the first defendant coupled with a prayer for a decree for permanent injunction restraining the first defendant from returning the deposits or releasing the securities de-posited by m/s. sikkim subba associates and shri karan luthra and also for restraining the defendant nos. 2 and 3 from withdrawing the deposits made by them and getting a release of the securities, with the first defendant bank in connection with the bank guarantee no. jkb:/cb/91-32 dated 24th april, 1991 by contending, inter alia;-- 'that government of sikkim through its secretary to the government of sikkim, finance department appointed m/s. sikkim subba associates as organising agents for running sikkim state weekly lotteries by an agreement dated 22-1-1991.the partners of m/s. .....

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May 28 2004 (HC)

Tulamaya Chettri and anr. Vs. Yonarayan Pradhan and ors.

Court : Sikkim

Decided on : May-28-2004

Reported in : AIR2004Sik39

r.k. patra, c.j.1. the defendants in civil suit no. 30 of 2002 have filed this writ petition challenging the order dated 28-11-2003 of the learned trial judge appointing an amin commissioner on the prayer made by the plaintiffs-respondents.2. the respondents have filed the aforementioned suit asserting that they are the absolute owners of the land covered by plot no. 1998 (schedule 'a' land) situated at jitlang block, east sikkim having been inherited the same from their ancestors. they have been possessing it for more than a century. in the year 1997 the petitioners started claiming a portion of it to be theirs on the allegation that the petitioner no. 1 purchased it from one kalusingh tamang but as a matter of fact the land alleged to have been purchased by him does not appertain to schedule 'a' land. the petitioners filed civil suit no. 60 of 1997 for declaration of title in respect of the said land and the suit was dismissed in june, 2000. after dismissal of the suit, the petitioners encroached upon schedule 'b' land which is part and parcel of schedule 'a' land. this has given cause of action to the respondents to file the suit for the following reliefs :(i) recovery of possession of schedule 'b' land by evicting the petitioners therefrom;(ii) permanent injunction restraining the petitioners from encroaching upon schedule 'a' land or any portion thereof;(iii) damages.the petitioners as the defendants have filed their written statement. their case is that petitioner no. 1 .....

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