HARISHANKAR AND OTHERS Vs. RAMCHANDRA & OTHERS

JUDGEMENT

(1.) The petitioners have filed the present petition under Article 227 of the Constitution of India challenging the order dated 11.01.2016 passed by First Civil Judge, Class-II, Satna, District Satna (M.P.) in civil suit no. 112-A/2004

(2.) Respondents no.1 to 4 have filed suit for declaration of title, partition and injunction.

(3.) The defendants have filed their written statement, denying the plaint allegations, they had denied that there has been alleged partition i.e. in the year 1973. They pleaded oral partition in the year 1972. In pursuance to the oral partition, defendant no.1 is in possession of the suit land. During the evidence plaintiffs tried to Exhibit a document dated 25.06.1973 alleging to be memorandum of partition. It has further been submitted by the petitioner that the perusal of document will reveal that it was scribed by Brijnandan Mishra on 25.06.1973 and the title of the document is mentioned as award of Arbitrators. On perusal of document it appears dispute between Ramchandra, Badriprasad and legal heirs of Sitaram was referred to Arbitrators who passed their award. The said document is on plain paper and unregistered. On the end of the document Brijnandan sought opinion of Arbitrators mentioning change of circumstances. It appears that the Arbitrators canceled the award on 25.06.1973 on the ground that Badriprasad refused to accept the decision and communicated their decision to the parties. When the petitioners have raised their objection, the plaintiffs contended that the document which is an award of Arbitrators has been subsequently canceled.