C SEETHAHAMA REDDY Vs. H T SHANKARA REDDY

JUDGEMENT

(1.) THIS is the second time the petitioner is approaching this Court under S.115 CPC. THIS petition is to revise an appellate order of the District Judge, Bellary, dismissing an application under S.34 of the Arbitration Act for stay of further proceedings in OS.No.38 of 1966 in the Court of the Civil Judge, Bellary.

(2.) THE parties to the suit are partners of a firm called "Rayalaseema Automobiles" THE Respondents before me instituted the suit for dissolution of partnership and rendition of accounts. Though the suit was instituted on 4-10-1966, it is most unfortunate that it should still remain at the preliminary stage because of the recalcitrant attitude taken by the petitioner who is defendant 1 in that suit.

(3.) THE first contenion urged by Sri R. M. Patil learned Counsel for the petitioner related to the jurisdiction of the appeallate Court to reverse the decision of the trial Court. Counsel said that the order made by the trial Court staying proceedings in the suit for dissolution was a discretionary order and in the appeal against such order the appellate Court has exceeded its jurisdiction in re-appreciating the facts and circumstances which formed the basis of the decision of the trial Court.