GANGTOK, India, June 30 -- Sikkim High Court issued the following judgment on June 9:

HIGH COURT OF SIKKIM

Tr.P. (C) No. 01 of 2026

MAN BAHADUR RAI .......Petitioner

Versus

UMESH KUMAR MUNDRA .......Respondent

Date: 10.06.2026

CORAM: HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.

For Petitioner: Mr. N. Rai, Senior Advocate with Ms. Tara Devi Chettri, Advocate.

For Respondent No. 1: Ms. Subaksha Pradhan, Advocate.

For Respondent No. 2: None.

For Respondents Nos. 3 & 4: Mr. S.K. Chettri, Government Advocate.

1. Petition for transfer of Title Suit No. 13 of 2025, presently pending before the Court of the learned District Judge, Mangan, to the Court of the learned District Judge, Gangtok, where the suit property is situated, has been filed.

2. Admittedly, the suit was originally filed before the Court of the learned District Judge, Gangtok, as the suit property was situated within the jurisdiction of that Court. However, due to certain circumstances, this Court on the administrative side had transferred the case to the learned District Judge, Mangan.

3. The learned Senior Counsel representing the petitioner submits that although the issue continues to survive insofar as the present learned District Judge of Gangtok is concerned, there are now the Courts of the learned District & Sessions Judge, Special Division-I and Special Division-II functioning in Gangtok. Therefore, the matter could be transferred back to one of these Courts for further proceedings.

4. The learned counsel representing the respondents agrees with the submission and states that the respondents have no objection to the transfer. I am, therefore, of the view that this is a fit case where this Court should exercise its power under Section 24 of the Code of Civil Procedure, 1908 and transfer Title Suit No. 13 of 2025 titled *Shri Man Bahadur Rai versus Shri Umesh Kumar Mundra and others from the Court of the learned District Judge, Mangan to the Court of the learned District Judge, Special Division-II for its disposal. It is accordingly so ordered. Pending application, if any, is also disposed of.

Judge

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