High CourtsSingle Bench(2026) 02 SIK CK 1742

Nar Bahadur Chettri (Khatiwada) And Ano. vs Devi Lall Khatiwada And Ors.

Sikkim High Court · Decided on 17 February 2026

HON’BLE JUDGES
Bhaskar Raj Pradhan, J
CASE NUMBER
Second Appeal From Judgment And Decree No. 2 Of 2023

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Judgment

8 paragraphs · 205 words

Bhaskar Raj Pradhan, J

(1) Mr. Tej Bahadur Thapa, learned Senior Counsel, appears for the first time along with Ms Gita Bista, learned Advocate, for respondents no. 13, 14, 15 & 16. He seeks an adjournment to prepare for the case.

(2) The orders reflect that the regular second appeal has been pending since 2023. There are only two substantial questions of law framed vide order dated 07.12.2023. The scope of a regular second appeal is well defined under section 100 of the Code of Civil Procedure, 1908. In such view of the matter, the Court is willing to adjourn the case, provided the counsel for both the parties agrees to:

(i) prepare beforehand and submit a two page note of arguments,

(ii) a convenience compilation agreed upon by the counsel for all the parties on only the relevant documents needed to answer the two substantial questions of law and

(iii) a list of judgments, without repetition, on the two issues, if they seek to rely upon.

(3) This exercise shall be undertaken on time to ensure that each of the counsel share it to the opposite counsel at least a week in advance before filing before this Court.

(4) List this matter on 16.04.2026.