.-+,i t....` `h+ -A: A •*,,`, L.-, •-:- I? IN THE HIGH COURT 0F SIKKIM ORDER SHEET REGUI.j'`R FIRST APPEAL pAiceilADEO pFths;\D Versus Ep`sIANT Kurm.R .Nod I of¢¢ 2003 Petitioner`Appellant Respondent Serial No. of Order 17.2003 Order with Signature Present . NonefortheappctlanS".a .,r ----- + , Office Note as to action (if any) taken on Order a Noneappearsfortheappellant. ' I have perused the memorandum of appeal In my considered view, this appeal can be arifabky admitted in the i= absence of the appellant or his Counsel and, accordingly, the appeal is admitted Call for the records. Let usual notice issue upon the respondent to show cause as to why the impugned judgment dated 15.5.2003 passed by the learned District Judge, East and North Sikkim at Gangtok in Civil Suit No.13 of 2001 should not be set aside as prayed for or as to why such order or orders which this Court deems it fit and proper should not be passed/issued. Notice is made returnable on 18.7.2003, for which the appellant is required to take dsteps for service of notice upon the respondent within 7 days from today. At the Bar, Mr. A. K. Upadhyaya, learned Counsel submi.tted that the conducting Counsel is from Siliguri, and, as such, he may not be able to attend Court today. In his usual frankness, Mr Upadhyaya, leaned Counsel submitted. that he could enter appearance for and on behalf of Mr. S. Majumdar, leaned Counsel for the appellant. The submission of Mr. Upadhyaya is, accordingly, noted. In the meantime, further proceedings of civil Suit No.13 of_ 200 1 now "jar, in the Court of the Distri un. Cfty tr O„-7-LL+fu3ife I-'--:::`--i-`---:-_-::`i_ AH Serial No. of Order 2.18. •2003 Order with Signature East and North Sikkim at Gangtok shall remain suspended until further orders N.h' dr :"."# ( N. Surf ....- ni Singh ) Acting Chiof Justice 1.07.2003 present i g:fu#gT:Sfa5::E€:s\e.38±!tthe: :¥p:Ii:: Mr. a. Sharrna assisted by Mr.Bhupe Bokhrel. Advocates for the respond Heard Mr. Umesh Ranpal assisted by Mr. Sanjay Gurung, learned CQinsel for the appellant. Also heard Mr. 8. Sharma as§i§ted by Mr. 8. Pokhrel. learned Counsel for the re sponde nt . The related of fice note indic:ates about t,he factum ®f receipt of the related case record from the Ccurt below. It is irade clea that the appellant shall file tl`e paper book within a period of 15 days€clnd the appe|lant snail supply copy of the paper book to the respondent and make a copy of it available with the Registry of this ,Court. The matter be listed on 4th August. 2003 for necessary orders. GL Singh ) e 1 8 . 7 . 2`0 03 Office Ntle as to action (if any) taken on Order t ci4. xct.+`rdi •EEEIIE jay ® dra nt® EEiEE RFA No.4/2003 Serial No. of Order 3.4 at/ 4.2. at/ 5.23 Order 8.2003 . 2 0 03 9.ZOOS Order with Signature Heard Mr. a. Majumdar assisted by Mr. Ume:3h Ranpal.learned Counsel far t.he appe|lant and Mr. a. Sharma, learned Counsel for the resporrdent. Paper book is ready. and. as such. the case is ripe for hearing. Be listed on 2nd ;eptember. 2003 f or hearing. tN.:3d|frr 4 . 8 . 2 003 . a.r Heard Mr. Ume8h F`anpal. learned Counse -/ ` ,fy. ` for the appellant and Mr. Bhupendra Pokhrel. learned Counsel for the respondent. Learned Ccurrael for the respondent sought for a.djc;urnmene of this case. The matter be listed on 23.9.2003 far hearing. • .1ch-Ntt¥i„ Judge 2 . 9 .2003 Heard 14r. a. IIajundar. learned Coun8 aael8ted by Mr. Une®h Ranpal. learned occtinsel for the .ppellant and Mr. a. Sharma. learned Counsel a8B18ted by Hr. 8. PoThrel. leaned Counsel for thee re.spondent. Upon hearing learned Counsel for the parties at acse length. 1t appears €o lae that the case records per€alnlng Co Clvll Suit No. Office Note as to action (if any) taken on Order {n\cry, Serial No. of Order 5.2 11.20 Order with Signature 36 o£ 1965 and Execution Case No.9 of 1966 the Court ct: mngl£ Magl9trate. Eae€ S1]drlD. Oangtctc betilreen P`irlran o£ Mlddl® Camp verBu Prahladram az`e relevant ln the p.resent case for `ju8t detemlnatlorl of the real points .+ J= ^co.ntroversie8 between the partlee. This Court?rT:lquire to ®xamlne t.he gala case rec for which the Regl8try i8 dlreeted to call for the records arid make the sane available before the next date Oof-hearing of the pre8 case. It 18 made clear that lf the Bald case r®cordg; fa~t±±ared Jbape *th±±g Eeg=at¢iqr;I. : i€he7 a; Icarrm Oouns®|¢appearing for the parties are the allchred to inspect the 8ald recoraB ln/pre8e Of an O££1Cer o£.th|8 Regi8€fy!..` i,+ `r L •,-.-,, The meter be listed on 20.11.2003 (.-. i . `_--' for furl;her hearing. .I 23+09.2003 3 Since it i9. a. pact-heard natter. ]put up before the appropriate bench for hearing on 27.11.2003. ( R. K. Chief Justice 20 .11. 2 003 #4t,t-L <hac4rLLrdtry,r` e iiiE Order with Sigpature 6.27 11.20 3 .Heard Shrl a. M.ajumdar, learred Ccnnse for t.he appellant and Shrl a. Sharm. Iearne CChinsel for the respondent,. The District Judge. (East and North} Slkklm at oangtok urrder mB#:i:ter dated 19.11.2003 8tatea that the related case records could ncfo be t,raced out deapit,a due searches 1n the record room. Hcrvever, he directed the Record Keeper once again t.o conduct thoraigh check of t,he entire records and the records will be submit.t.ed a8 Soon aB tie same ls traced out,. I have perused the report of tbe Record Keeper also. In the meantime, the appellant £11ed an atxpllcatlon and sought for amendment. for which Shrl 8. Sharma, learned Cainsel for the reapondent submitted that he needs Some time to file cfojectlon. Considering the existing facts and clrcumgt.ancea of the case. I allch7 the Office Note as to action (if any) taken on Order `#`dytrf#ife: respondent to I lie objection to the appllcat4on for alrendment vlthln 3 veeks. It le node clear that the Registry is to Send a reminde to tie Court. belChr for making the said recor available before this CQirt, as early ao pose The matter be listed I or nee.scary orders on 12.3.2004. + -,?, `-JLLa- ( N. S' Siiigh ' Judge 27 .11. 2003 a#o#:4= e`€"'ife ble, Serial No. of Order 7.1 2.3.20 Order wtith Signature As prayed for by Mr. Suraj Chettrl. learned Ccunsel appearing on behalf o£ Mr. a. Majumdar. learned Counsel for the appellant. case is adjourned for the day thus fixing the same £Qr hearing on amendment matter on 25.3.2004. Prayer for adjcmrnment is not objected by S}`ri Sharma learned CQinsel for the respondent who submitted that the respondent has already filed a wr,itten objeoct.ion to the amendment petition. ".sTslLi Judge oagtcieonNffaansyt,o taken on Order Continuation Order Shee8 Order with Signature Off ice Note as to action (if any) taken on Order 8.2 9, .03.04 16.4.2004 Heard Mr. Umesh Rampal learned counsel assisted by Mr. Sanjay Gurung, learned couhsel for the appellant and Mr. oB. Sharma, learned. counsel assisted by Mr. 8. Pokhrel, learned counsel for the respondent. Related case records is yet to be sent by the ofrice.-of the .District Judge, East and North Sikkim to this Registry in terms, of the earlier orders dated 23rd September 2003 and 27th November 2003. So, far no communication has been made by the District Judge, East and North Sikkim despite the reminder dated lst December 2003 sent by the Registry of this Court. It is made clear that the District Judge, East and North Sikkim is to expedite the process for sending the related records and made the same available before this Court on the next date without fall. Registry is to act accordingly. List the case .on 16.4.2004 for necessary orders. In the meantime the parties are at liberty to settle the matter amicably outside the Court for which the learned counseld fore the parties shall assist the parties. • Judge 25.03.2004 Upon hearing learned Counsel for th€ partleg as w.ell aB the parties. I am of the view that the oartle8 need Some time so aa to enable them. to 8ettle the mat.ter amicably outglde the court . For the reasohs mentioned above. the matter be l19ted on 26.4.2004 for £ufther orders. ftt* i..``.,,`. pe -----:-i.-.i``_- Continuati.on Order Sheet •9 1 L= Order with Signature Off ice `Note a§ to actiort (if any) taken on Order 6,4.2004 .5.2004 As prayed for by leaned Counsel appearing for the pattlee. the matter be listed on 06.05.2004 for hearing. 12. 8 . 5 . 2cO4 to Secure the ends of justice. I further direct the Dlstrlct Judge. East and North Sikklm to ma7ce the related records available before this Court ln connection with t,he present case on or before 28th May 2004. Registry ls direct.ed to communicate this order to the ld. Dlgtrict .udge (E GIN) ilmedlatel In vies. o£ 1t. the case is £1xed for hearing on 28.5.2004. ",#frT In vleer of the e][13tlng facts and clrcunstances of the case. opportwnlty ls given to the parties to settle the matter amicably out.91d® the Court a8 prayed for by leahed Counsel appearing for t,he paftles. Accordingly, the case 19 £1xed on 22nd June 2004 for fur+her Order, 4s o4L- A[;RE:if..t :fuidttho:.~:j{ ( £ + fu) i 6- T, a Continuation Order SIleet ...., SerialNO.OfOrde, DatOfa,dere Orderwitnsignatu`co Office Note as toaction(ifany)lak 13. 22,6.2004 None appears for the appellaue en on Order•j„J/4`J. ,nd Heard Shrl 8. Sharma. Ieaurted i`.`^..`lJ `-` Counsel for the respondent. L - 9 t- L37£iL4` In ny consldored view. the appellant has no interest to pur8ti® thle ease. Accordingly. the appeal la dl8ndssed for default. \1 a \ ` N. ( H. S Slagh ),