MANI ALIAS RANGANAYAKI AND ORS Vs. M KOKILAMANI REPRESENTED BY HER POWER OF ATTORNEY AGENT K G ANANTHAKRISHNAN AND ORS

JUDGEMENT

(1.) Though this has been posted along with several revision petitions, I find, after hearing counsel, that this relates to a separate dispute with reference to a particular item and this need not be tagged on to other revision petitions. The arguments in this civil revision petition are concluded though, the arguments in the other revision petitions have been partly heard.

(2.) The revision petition is filed by respondents 6 to 12 on the execution proceedings, out of which this petition arises, who are the legal heirs of A. Rangasamy, who was one of the partners of Balasubramania Foundry. It is not necessary to narrate the facts leading to the decree in detail. Suffice it to say that there was an arbitration and a Retired Judge of this Court by name Justice C.J.R. Paul was nominated to be the Arbitrator by the Supreme Court of India. He sumitted an Award on 3.4.1985, which was made into decree by the Supreme Court on 11.8.1987. Under the Award, an extent of 50 cents in Survey Nos. 55/2A and 55/2B in Gundanpalayam Village and another 50 centsin Survey No. 272/1 Ain Sankanur village, were allotted to A. Rangaswamy, who is the predecessor-in-title of the petitioners herein. The relevent part of the Award reads as follows:

(3.) Thus, the Arbitrator allotted a specific portion measuring 50 cents each in the said survey numbers. It has to be noted that Rangasamy prayed for allotment of any portion in the said survey numbers. The Arbitrator has also taken note of the fact that there were encroachments and the access to the portions were partly obstructed thereby while fixing the value of the properties.