A.L.P. RANGA RAO Vs. P. SRINIVASU

JUDGEMENT

(1.) Defendants 1 to 3 in O.S. No. 83 of 2021 on the file of the Court of the learned III Additional District Judge, Tirupathi are the appellants in the present Civil Miscellaneous Appeal, preferred under Order XLIII Rule 1 CPC.

(2.) This appeal is directed against the order, dtd. 21/3/2022, passed by the said Court in I.A. No. 704 of 2021 in the said suit. Respondents 1 and 2 instituted the said suit against the appellants and respondents 3 to 5 herein for the following reliefs:

(3.) In the said suit, the defendants 1 to 3, who are the appellants herein, filed I.A. No. 704 of 2021 under Sec. 8 of the Arbitration and Conciliation Act, 1996 (for brevity, 'the Act') r/w Sec. 151 of CPC, praying the trial Court to refer the plaintiffs and defendants 1 to 3 in the suit to Arbitration. Plaintiffs-respondents 1 and 2 filed a counter, resisting the said application. The learned III Additional District Judge, Tirupathi vide order, dtd. 21/3/2022, dismissed the said I.A. No. 704 of 2022. Challenging the validity and the legal sustainability of the said order, the present appeal came to be preferred.