KUNDA SRIBIVASA REDDY Vs. MANJULA SRIDHAR

JUDGEMENT

(1.) Heard Dr. P.B. Vijaya Kumar, learned Senior Counsel representing on behalf of Smt. A.V.S. Laxmi, learned counsel appearing for the appellants and Sri N. Subba Rao, learned Senior Counsel representing on behalf of Sri Devi Prasad, learned counsel appearing for the respondents.

(2.) The appellants herein and respondents 1 to 6 had formed a partnership firm, under the name and style of M/s. Visakha Medical Centre. On account of certain disputes, the firm came to be dissolved, by notice, dtd. 28/10/2006. Thereafter, the disputes regarding settlement of accounts etc., were referred to arbitration, by appointing the 7th respondent herein, as the Arbitrator. The 7th respondent, after hearing both sides, had passed an Award, dtd. 19/10/2023. In this award, the 7th respondent had held that the firm had initially purchased 3755 Sq. Feet of built up area in S.L.N. Towers, Official Colony, Maharanipeta, Visakhapatnam. The 7th respondent also found that the firm had purchased an additional extent of 610 sq. ft. in the very same building. The 7th respondent, after going through the respective averments and submissions, had recorded that the assistance of a chartered engineer had been taken, on the request of the claimants in the Arbitration Application and that the said chartered engineer had come up with a plan for allotment of shares, in the built up area of the above spaces, to the claimants in the application, as well as the present appellants. This plan was accepted by the learned Arbitrator and an Award was passed allotting separate extents of built up area in the ground, stilt and first floors of the said building to the appellants herein as well as the respondents.

(3.) Aggrieved by this Award, the appellants herein moved A.O.P.No.76 of 2014 before the Principal District Judge, Visakhapatnam, which came to be dismissed, by order, dtd. 22/8/2023. Aggrieved by the said order of dismissal, the appellants have moved the present civil miscellaneous appeal.