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  1. Home/
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  3. High Court Of Sikkim/
  4. 2024/
  5. April

Mani Kumar Gurung vs. Govind Khati and Ors.

Decided on 25 April 2024• Citation: SAO/1/2024• High Court of Sikkim
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                                                                      Court No.2    
                                     HIGH COURT OF SIKKIM                           
                                       Record of Proceedings                        
                                     SAO  No.01  of 2024                            
                 Mani Kumar Gurung                           Appellant              
                    versus                                                          
                 Govind Khati and Others                     Respondents            
                 Date : 25-04-2024                                                  
                 CORAM:                                                             
                       THE  HON’BLE MRS. JUSTICE MEENAKSHI  MADAN  RAI, JUDGE       
                 For Appellant   Mr. B. Sharma, Senior Advocate.                    
                                 Mr. Safal Sharma, Advocate.                        
                                 Ms. Shreya Sharma, Advocate.                       
                 For Respondents                                                    
                     R-1         Mr. Bhusan Nepal, Advocate.                        
                  R-2 to R-4     Mr. Shakil Karki, Assistant Government Advocate.   
                     R-5         None present.                                      
                                          O R D E R                                 
                      Respondent No.1 and Respondents No.2 to 4 have appeared       
                 through their respective Counsel.                                  
                      Learned Counsel for the parties jointly submit that Civil Appeal
                 No.03 of 2022 (Mani Kumar Gurung  vs. Govind Khati and Others)     
                 pending before the Learned Court of the Principal District Judge,  
                 Gangtok, is fixed for hearing/further orders on 09-05-2024. That, vide
                 Order of this Court dated 02-04-2024 the proceedings in the Appeal had
                 been stayed.                                                       
                      That, Learned Counsel for the parties have no objection if the stay
                 is vacated and the matter is finally heard and disposed of by the  
                 Learned First Appellate Court.                                     
                      Learned Counsel for the Respondent No.1 undertakes not to re- 
                 commence the construction till the final disposal of the matter before
                 the Learned First Appellate Court.                                 
                      In view of the said circumstances and the undertaking given by
                 Learned Counsel for the Respondent No.1, the stay order stands     
                 vacated and SAO disposed of accordingly.                           
                                                           Judge                    
                                                           25-04-2024               
                 ds