High CourtsSingle Bench(2024) 02 SIK CK 0026

Sunil Kumar Gupta vs Jawahar Prasad Gupta

Sikkim High Court · Decided on 28 February 2024

HON’BLE JUDGES
Bhaskar Raj Pradhan, J
CASE NUMBER
Regular First Appeal No. 05 Of 2023

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Judgment

7 paragraphs · 207 words

Bhaskar Raj Pradhan, J

1.

Ms. Gazala Parvin, learned counsel seeks to withdraw her Vakalatnama from this case. Permitted. Mr. Hasang Bhutia, learned counsel seeks to appear for the respondent and desires to file his Vakalatnama during the course of the day. Permitted.

I.A. No. 01 of 2024.

1.

This is an application for stay of the execution proceeding pending disposal of the present case. On 16.10.2023 after hearing the learned counsel for the parties the present appeal was admitted for hearing. In the meanwhile the respondent has moved for execution. If the decree is executed during pendency of the appeal the appeal would be rendered infructuous. As such considering the facts of this case this Court deems it fit to stay the execution proceeding during the pendency of the present appeal. I.A. No. 01 of 2024 accordingly stands disposed.

I.A. No. 02 of 2024.

1.

This is an application for taking additional documents on record. Mr. A. Moulik, learned Senior Counsel submits that it may be decided at the final hearing of the appeal. Mr. Hasang Bhutia, learned counsel appearing on behalf of the respondent desires to file a response to the same within a period of four weeks. Permitted.

2.

List the matter on 16.04.2024.