Rajendra Prasad Mangla And Anr vs Anju Agrawal And Ors
2022 Latest Caselaw 86 Sikkim

                                                                               Court No.3.
                                           HIGH COURT OF SIKKIM
                                              Record of proceedings

                                           W.P. (C) No. 57 of 2022

      RAJENDRA PRASAD MANGLA & ANR.                                       .... PETITIONERS

                                                 VERSUS

      ANJU AGRAWAL & 0RS.                                                 .... RESPONDENTS

      Date: 13.12.2022

      CORAM

                            HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.

For Petitioners : Ms. Babita Kumari, Advocate.

Ms. Bhawana Rai, Advocate.

      For Respondents :                   None.
                                                 ..........

The writ petition seeks to assail the Order dated 27.08.2022 passed by the learned District Judge determining an amount of Rs.5,50,000/- as assessed by the Engineers in the Technical Report as per the direction of the Supreme Court dated 02.09.2021. By the Order dated 02.09.2021 in Miscellaneous Application No.1185/2021 in Contempt Petition (C) No 279/2021 in SLP (C) No.20914/2019 the Supreme Court ordered that the determination by the District Judge will be final on this account and that amount will be paid by the judgment debtor to the decree holder. The Supreme Court also ordered that issue will foreclose with that determination and no further proceeding will be initiated regarding that aspect. Inspite of the Order dated 02.09.2021 the petitioners are before this Court assailing the Order dated 27.08.2022 by way of the present writ petition. In view of the clear Order of the Supreme Court this writ petition is not maintainable and is therefore, dismissed.

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