ASGAR ALI Vs. NIPANI ADVAITA DEVELOPERS LLP

JUDGEMENT

(1.) Appellant has filed arbitration appeal under Sec. 37 of Arbitration and Conciliation Act, 1996 against impugned order dtd. 12/5/2023 passed in MJC/AV/31/2023 by 23rd Additional District Judge, Jabalpur.

(2.) By said impugned order, application filed by appellant was partly allowed and restrain orders were passed in respect of Khasra No. 6/1, measuring 13175 Sq. Ft. Request for interim relief restraining respondents from making construction over Khasra No. 6/2 measuring 17959 Sq. Ft. and Khasra No. 6/3 measuring 3.31 Sq. Ft. was dismissed. Dismissal was challenged by appellant on following grounds :

(3.) On aforesaid grounds, counsel appearing for appellant made a prayer for setting aside part of the order passed by the District Judge, Jabalpur and grant relief and also pass orders restraining in respect of Khasra No. 6/2 and 6/3.