Prem Narayan Sharma vs Tashi Gyatso Bhutia And Others

Meenakshi Madan Rai, J

Learned Senior Counsel for the Appellant submits that the Appellant is impugning the Judgment of the Principal District Judge, Gangtok, Sikkim, in Title Suit No.14 of 2019 (Tashi Gyatso Bhutia vs. The General Manager, Bharat Sanchar Nigam Limited and Others), dated 30-05-2025, wherein the Court came to a finding inter alia that the Appellant had encroached into the land of the Respondent No.1, bearing Plot No.118 by constructing a structure measuring 20 feet x 60 feet. The Court by the impugned Judgment directed the Appellant to deliver possession to the Respondent No.1 or pay the Respondent No.1 the value of the land, quantified at ₹ 59,40,000/- (Rupees fifty nine lakhs and forty thousand) only.

Having heard Learned Counsel for the parties on I.A.No.03 of 2026, I find that in terms of Order XLI Rule 1(3) read with Section 151 of the Code of Civil Procedure, 1908, Learned Counsel for the Appellant has furnished a copy of khatiyan parcha of the Appellant indicating the he owns more than five acres of land within the State of Sikkim. The security so furnished is found sufficient.

I.A. No.03 of 2026 is allowed and disposed of.

Let Appeal be admitted.

Call for the records from the Learned Trial Court.

Let Paper-Books be prepared.

List on 10-06-2026.