LAWS(APH)-1957-12-10

GADDIPATTI LAXMINARAYANA Vs. GOGINENI VENKATASUBBIAH

Decided On December 17, 1957
Gaddipatti Laxminarayana and others Appellant
V/S
Gangineni Venkata Subbaiah and others Respondents

JUDGEMENT

(1.) THESE revisions have been preferred against the order of the Subordinate Judge, Tenali, passed in Civil Miscellaneous Appeals filed before him against the order of the District Munsif, Tenali, in O. P. Nos. 10 of 1952, 11 of 1952 and 12 of 1952 filed before him under Ss. 30 and 33 of the Indian Arbitration Act.

(2.) ONE Gangineni Anjaiah obtained a transfer of a decree for possession passed in O. S. No. 156 of 1938, and sought to execute the decree. The transfer was recognised. Later the matter relating to the execution of the decree was preferred to arbitration. The arbitrators gave an award. Objections were raised to the award and an application was filed to set aside the award. This was the subject -matter of O. P. No. 11 of 1952.

(3.) THE third O. P. No. 12 of 1952 was filed to set aside an award passed which was also passed on a reference made to arbitration of matters in dispute in execution proceedings initiated by the transferee of the decree and going on, relating to a decree for possession and mesne profits.