MOHAMMED YOUSUFUDDIN Vs. M D AZIZUDIN

JUDGEMENT

(1.) Heard Sri Ramachandra Prasad, Counsel representing the petitioner and Sri Puma Chander Rao, Counsel representing the respondent.

(2.) This Court ordered Notice Before Admission on 6-1-2006 and granted interim order for a limited period which was subsequently extended.

(3.) The revision petitioner herein/ judgment-debtor/defendant filed E.A.No.256/ 2005 in E.P.No.717/2004 in O.S.No.400/97 on the file of Principal Junior Civil Judge, Warangal under Sections 47 and 151 of the Code of Civil Procedure (hereinafter in short referred to as "Code" for the purpose of convenience) praying for dismissal of the E.P. as having become infructuous as the decree sought to be executed is a nullity. The main ground of attack is that the matter was referred to arbitration to the elders of Meemohalla Committee, Warangal prior to the institution of the suit and the Award made became final and binding on the parties by virtue of. Section 35 of the Arbitration and Conciliation Act 1996 (hereinafter in short referred to as "Act" for the purpose of convenience) The stand taken by the petitioner is that in instead of enforcing the aforesaid Award in the manner laid down under Section 36 of the Act, the decree was obtained and the same is put into execution. Specific stand was taken that in the light of Section 5 of the Act, the decree cannot be enforced. The learned Judge after recording reasons having observed that this question had not been raised or agitated in the suit, came to the conclusion that there are no merits in the application and accordingly dismissed the same. Aggrieved by the said order the present civil revision petition is preferred.