Sumita Pradhan & Ors vs Sikkim Newar Guthi & Ors

Bhaskar Raj Pradhan, J

(Civil Appellate Jurisdiction)

The present appeal (FAO No. 01 of 2021) and (C.O. No. 01 of 2021) is directed against an order of injunction passed by the Trial Court on 04.03.2021 in Title Suit No.1 of 2021 (Mrs. Sumitra Pradhan & Anr. Vs. Sikkim Newar Guthi & Anr.) filed by the appellants (the plaintiffs) against the respondents (the defendants). It was the appellant's case that the protective wall raised by them in their land had been completely destroyed due to the construction activities of the respondents. The appellants therefore, sought for compensation. The interim order was challenged by the appellants in the present FAO No. 01 of 2021 as well as by the respondents in C.O. No. 01 of 2021. The appellant no.1 on behalf of herself and on behalf of the appellant no.2 is personally present. So is the respondent no.2 representing the respondent no.1 and himself.

The learned Senior Counsel appearing for the parties submit that the parties had a fruitful mediation sitting yesterday and as a result the respondents have assured the appellants that they would construct the protective wall on behalf of the appellants measuring 40 feet in length and 14 feet in height in 5 steps. The learned Senior Counsel submits that in view of the specific undertaking of the respondents there is no need to pursue the suit as well as the present proceedings further. Having heard the learned Senior Counsel for the parties as well as the parties this court is of the considered view that the matter has in fact been resolved amicably. In terms of the settlement the respondents are directed to construct the protective wall (measuring 40 feet in length and 14 feet in height in 5 steps) for the appellants within a period of four months from today as undertaken by the respondents.

In view of the aforesaid the F.A.O. No. 01 of 2021 and C.O. No. 01 of 2021 stands disposed in terms of the compromise entered between the parties as recorded above. Title Suit No.01 of 2021 (Mrs. Sumita Pradhan & Anr. Vs. Sikkim Newar Guthi & Anr.) pending before the learned District Judge, East Sikkim shall also stand disposed in terms thereof. The court fees paid shall be accordingly refunded in terms of the compromise.

Certified copies of this order may be provided to the parties and a copy transmitted to the learned Trial Court.