SATISH KUMAR SINGAL Vs. JAGDISH CHANDER SINGAL

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution read with Sections 115 and 151 of the Code of Civil Procedure, 1908 (for brevity 'the Code') prays for setting aside order dated 10.1.2005 (Annexure P-11) passed by the ld. Addl. District Judge, Bhatinda. The plaintiff- petitioner Nos. 2 and 4 have filed a civil suit for declaration seeking permanent injunction against the defendant-respondents. In the suit a prayer was made for restraining Municipal Committee, Bhatinda respondent No. 8 from changing entry in the column of ownership in the House Tax Assessment Register regarding Building No. 4443, situated at Old Satta Bazar, Bathinda from the name of plaintiff-petitioner No. 2 to any other name. A further direction was sought restraining defendant-respondent No. 1 from alienating any portion of the house and 1/2 share of plot No. 73 situated at Sector 15-A Noida. Along with the suit an application under Order XXXIX Rules 1 and 2 of the Code was also filed seeking ad interim injunction. The aforementioned application was partly allowed by the Civil Judge vide order dated 11.2.1999.

(2.) THE defendant-respondents filed C.A. No. 15 of 7.3.1999 before the ld. Addl. District Judge, Bhatinda against the afore-mentioned interim order dated 11.2.1999. During the pendency of the appeal, defendant-respondent No. 1 filed an application with a prayer for adjourning the appeal sine die (Annexure P-2) on the ground that the parties have entered into an agreement to appoint arbitrator to settle the dispute. It was asserted that the arbitrator had started the proceedings and, therefore, the decision on the appeal be adjourned sine die. It was further stipulated that any of the parties was entitled to get the appeal restored after the decision of the arbitrators. Accordingly, the learned Additional District Judge vide his order dated 7.1.2002 adjourned the appeal sine die (Annexure P-3). The aforementioned order reads as under :-

(3.) THE Arbitrator who was appointed by the parties, namely, Shri Nand Lal Garg had ceased to act as an Arbitrator. The Addl. District Judge further found that no other arbitration agreement has been produced on the file. For the last more than three years no award has been passed. In view of the aforementioned facts and circumstances, the appeal was ordered to be restored to its original number directing the hearing of the appeal and fresh notices were issued. The application for impleadment of L.Rs. of some of the defendant-respondents was also ordered to be placed before the ld. Addl. District Judge who was to hear the appeal. It was further observed that the application filed by the other respondents on 28.10.2004 for passing order to refer the disputes for arbitration was also ordered to be placed on the main file which was to be considered at the appropriate stage.