Nim Pincho Bhutia vs Bhim Bdr Rasaily/Kami And Ors
2023 Latest Caselaw 59 Sikkim

                                                                                    COURT NO.1
                                    HIGH COURT OF SIKKIM : GANGTOK
                                           Record of Proceedings


                                            IA NO.02/2023
                                                  IN
                                            WA No. 05/2022

           NIM PINCHO BHUTIA                                      APPELLANT (S)
                                                 VERSUS
           BHIM BAHADUR RASAILY/KAMI & ORS.                       RESPONDENT (S)


           For Appellant            :     Mr. Jorgay Namka, Senior Advocate as Legal Aid
                                          Counsel with Mr. Prajwal Rai, Advocate.

           For Respondent Nos.      :      Mr. Bhusan Nepal & Mr. D.K. Siwakoti, Advocates.
           1 to 6(Applicants)

           For Respondent Nos.      :     Dr. Doma T. Bhutia, Senior Advocate and Additional
           No.7 to 10                     Advocate General with Mr. S.K. Chettri, Government
                                          Advocate.

           For Respondent No. 11 :        Mr. Jushan Lepcha, Advocate.

           Date: 18/08/2023

           CORAM:
               HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
               HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
                                         ...

ORDER : (per the Hon'ble, the Chief Justice)

Having heard the learned Advocates for the parties and upon perusing the instant application, we are of the view that in the facts and circumstances of the instant case -- since the main matter is essentially a writ appeal arising in respect of a judgment and order passed by the learned Single Judge in a writ petition, correctness whereof is now under challenge before us -- there cannot be any plausible or justifiable reason to allow the instant application only to place on record certain documents which were not even before the learned Single Judge at the time of pronouncement of the impugned judgment and order.

The application, therefore, is liable to be dismissed and stands accordingly dismissed.

List the main matter for further consideration on Friday, 22nd September, 2023.

                   (Bhaskar Raj Pradhan)                     (Biswanath Somadder)
                          Judge                                   Chief Justice
jk/bp/avi/ami