TEJAVATHAMMA Vs. M.NATARAJ

JUDGEMENT

(1.) This writ petition is filed assailing the order passed by the Sole Arbitrator seeking the relief of Writ of Certiorari or any other writ or direction by setting aside the impugned order dated 10.10.2019 passed in A.C.No.16/2019, questioning dismissal of the interlocutory application filed by the petitioner herein under Sections 33 and 34 of the Karnataka Stamp Act, 1957 read with Section 151 of the Code of Civil Procedure, 1908.

(2.) The brief facts leading to the case on hand is that, the petitioner herein is the mother, respondents No.1 and 3 are the sons of the petitioner and respondents No. 2 and 4 are the spouses of respondents No.1 and 3 and daughter-in-laws of the petitioner, respectively. The respondents herein had filed a suit for partition and separate possession in O.S.No.6774/2016 before the City Civil Court at Bengaluru, the same was referred to adjudicate by the Arbitrator since the alleged Joint Venture Agreements contains an arbitration clause. Hence, the respondents have filed A.C.No.16/2019 before the Sole Arbitrator.

(3.) The statement of objections and issues have been framed by the Sole Arbitrator and the respondents herein wanted to get the insufficiently stamped Joint Venture Agreements dated 30.06.1991 and 10.07.1997, which are marked as Exs.C23 and C24. While marking the documents, the same are opposed by the learned counsel appearing for the petitioner hence, the same were marked as 'subject to objections'. The petitioner herein has filed an Interlocutory Application under Sections 33 and 34 of the Karnataka Stamp Act, 1957 read with Section 151 of the Code of Civil Procedure, 1908, seeking to impound the alleged Joint Venture Agreements, which is numbered as I.A.No.V. The Learned Arbitrator considering the application on merits vide order dated 10.10.2019, rejected the same.