MANOHAR Vs. ASHOK

JUDGEMENT

(1.) In the compressive suit for partition and separate possession of properties, two of the defendants i.e., the contesting respondents herein has moved an application seeking appointment of an Arbitrator in as much as a partnership deed apparently had provided for arbitral settlement of disputes of the Firms. The said application having been disposed off by the impugned order herein, by the trial Court on 27.01.2018 at Annexure-K; the plaintiffs are before this Court as petitioners laying a challenge thereto.

(2.) After service of notice, contesting respondents have entered appearance through their counsel makes submission opposing the writ petition.

(3.) Learned counsel for the petitioner vehemently contends that though in the body of the impugned order, the learned trial Judge has given reasons as to why the application for appointment of Arbitrator cannot be favoured still in the operative portion contra is reflected and therefore, the impugned order is liable to be set aside.