SUSHIL KUMAR GUPTA Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated 16th August 2007 passed by the learned Single Judge in Civil Suit (OS) 3468/1991, whereby he held that the suit was not maintainable and thus liable to be dismissed.

(2.) THE brief facts of the case are stated as follows:

(3.) THE learned Counsel for the appellant contended that the learned Single Judge ought to have appreciated that the award dated 8th June 1988, subsequently made Rule of the Court by order dated 17th September, 1990 of this Court, had specifically directed disposal of the property by public auction in the course of which all the parties should be free to offer their bids. The disposal of their individual share by the two sets of co -sharers viz. Late Shri Anil Kumar Gupta and Mrs. Prem Gupta and other legal heirs of late Shri Atul Kumar Gupta by entering into agreements to sell directly violated the directions of the Arbitrator which were subsequently made a Rule of the court by this Court. However, the learned Single Judge in paragraph 22 of the impugned judgment observed as under: