SRI K MOHAN RAO Vs. B K SUSHEELA

JUDGEMENT

(1.) This appeal is filed by the unsuccessful Petitioner in W.P. No. 10640/2008, wherein the learned single Judge of this Court has declined to quash: the award passed by the Arbitrators (Annexure 'B' to the writ petition) dated 10.08.1986; the endorsement issued by the Sub-Registrar, Mangalore, dated 11.08.1988; the judgment and decree passed by the Court of the Prl. Munsiff, Mangalore, dated 20.07.1995 (Annexures 'H' and 'J' to the writ petition) dismissing I.A.I filed by the writ Petitioner (Appellant herein) under Sections 30 and 33 of the Arbitration Act, 1940, in A.c. No. 6/1989 and the judgment and decree passed by the I Addl. District Judge, D.K., Mangalore, in R.A. No. 72/2004 dated 25.03.2008 (Annexures 'K' and 'L' to the writ petition), wherein the order of the trial Court dismissing I.A.I, the application filed by the Appellant herein was confirmed.

(2.) The Appellant herein filed W.P. No. 10640/2008 averring that the legal heirs of Bala Raghavendra Rao including the Appellant herein entered into an arbitration agreement dated 06.09.1980 to get the dispute resolved regarding the execution of the Will of Raghavendra Rao dated 15.03.1980 and the Will of Ratnamma dated 13.08.1978, which became operative after the death of Raghavendra Rao and Ratnamma. Raghavendra Rao died on 15.03.1980 and Rathnamma died on 30.08.1978 and five Arbitrators were appointed by consent and the Arbitrators submitted the award on 10.08.1986 and the same was got registered on 11.08.1988. Respondents 18 to 21 herein filed application before the Principal Munsiff, Mangalore, in A.C. No. 6/1989 praying that the award dated 10.08.1986 registered as document No. 613/88-89 on the file of the Sub-Registrar of Mangalore Taluk be made a rule of Court under the Arbitration Act. In the said A.C. No. 6/1989, interlocutory application - I.A.I/89 was filed by the Appellant herein under Sections 30 and 33 of the Arbitration Act, seeking for setting aside the award dated 10.08.1986. The learned Prl. Munsiff by order dated 20.07.1995, dismissed I.A.I filed by the Appellant herein and confirmed the arbitration award dated 10.08.1986. Being aggrieved by the same, the Appellant herein filed R.A. No. 72/2004 before the I Addl. District Judge, D.K., Mangalore, which was dismissed by order dated 25.03.2008. Being aggrieved by the same, the Appellant herein filed W.P. No. 10640/2008 contending that the Arbitrators had not afforded sufficient opportunity to him to put forth his contentions. The Arbitrators have not held the proceedings in accordance with law and order of stay of proceedings in the arbitration matter was granted by this Court on 31.07.1986 in C.R.P. No. 2904/1986 filed by the Appellant herein and the same was communicated to the Arbitrators on 11.08.1986 and that the Arbitrators could not have given a finding under the Rules.

(3.) The petition was resisted by the Respondents by contending that the Arbitrators were appointed by consent. The Arbitrators have followed the procedure and afforded sufficient opportunity to the Appellant herein and all the parties before them and award passed is in accordance with law as per the terms of reference. The order passed by the learned Prl. Munsiff dated 20.07.1995 making the award decree of the Court and dismissal of I.A.I filed by the writ Petitioner (Appellant herein), which has been confirmed by the learned I Addl. District Judge in appeal - R.A. No. 72/2004 is justified and the writ petition is devoid of merit.