ASHOK KUMAR, S/O. LATE SAREMAL, SRI. PRAVEEN KUMAR, S/O. ASHOK KUMAR, SRI. ARAVIND KUMAR, S/O. ASHOK KUMAR AND SRI. SANTOSH KUMAR, S/O. ASHOK KUMAR Vs. SRI. MAHESH KUMAR, S/O. LATE CHIKKANNA

JUDGEMENT

(1.) MISC . Civil No. 5362/2011 is filed under Order 38 Rule 5 of the Code of Civil Procedure by the Appellants in the main appeal seeking an order attaching the properties at item Nos. 1 and 2 shown in the schedule annexed thereto, pending disposal of Arbitration Case No. 1/2010 on the file of the learned sole Arbitrator Sri. A. Mohan Ram, retired District Judge. Bangalore.

(2.) THIS application is resisted by the Respondent Sri. C. Mahesh Kumar by filing written objections today.

(3.) ON perusal of the order impugned in this appeal, it is seen that the said application seeking an order of attachment in respect of the properties at item Nos. 1 and 2 in the schedule annexed thereto came to be dismissed by the learned sole Arbitrator by his impugned order. Therefore, the main prayer sought for in the present appeal and also the prayer sought for in this Miscellaneous Civil Petition No. 5362/2011 are one and the same. Therefore we have heard the arguments of learned Counsel for both the sides on merits of the main Appeal as well as the misc. application.