High CourtsSingle Bench(2024) 06 SIK CK 0039

Palden Ongchu Pazo And Another vs Sonam Dolkar And Others

Sikkim High Court · Decided on 14 June 2024

HON’BLE JUDGES
Meenakshi Madan Rai, J
CASE NUMBER
Regular First Appeal No. 02 Of 2024

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Judgment

9 paragraphs · 141 words

Meenakshi Madan Rai, J

Learned Counsel for the Appellants submits that a Caveat was lodged before this Court by the Respondent No.1 herein.

The records reveal that the Caveat was lodged on 04-01-2024. Section 148A(5) of the Code of Civil Procedure, 1908, provides that the Caveat shall not remain in force after the expiry of ninety days from the date on which it has been lodged, unless the application referred to in sub-section(1) has been made before the expiry of the said period.

The Appeal was filed on 17-02-2024 and re-submitted after rectifying defects on 27-05-2024.

Be that as it may, issue Notice to the Respondents.

Learned Government Advocate is present for the Respondents No.3 to 5 on advance Notice and waives formal Notice.

Accordingly, issue Notice to the Respondents No.1 and 2.

Requisites be filed by 19-06-2024.

List on 09-08-2024.