- (1.) The appellants herein are successors in interest of late Chogyal Sir Tashi Namgyal of Sikkim.
(2.) A suit was filed by Mewang Tobgyal Wangchuk Tenzing Namgyal son of late Chogyal Palden Thondup Namgyal and others against the defendants-respondents herein praying for the following reliefs : (a) recovery of possession of the encroached portion of the land shown in the annexed plan if required, by demolishing the construction made thereon; (b) permanent injunction restraining the defendants from using the aforesaid 12 feet wide passage or making any construction whatsoever over the same; (c) pending disposal of the suit an order for restraining the defendants from construction of the flyover or blocking the passage and also restraining the defendants from carrying on with further work of construction on the encroached land shown in the attached plan; (d) cost of the suit; (e) any other relief or reliefs to which the plaintiff may be found entitled to under law and equity.
(3.) Shortly stated, the said suit was filed on the following allegations :;