WALI MUHAMMAD KAR Vs. HABIB ULLAH KAR

JUDGEMENT

(1.) THIS appeal is before me under Section 39 of the Jammu and Kashmir arbitration Act, filed by the appellant against the order dated 21-7-2007 of learned additional District Judge, Baramulla, whereby he has rejected the objections filed by the appellant herein against the award dated 9-12-2006 and made the award rule of the Court.

(2.) THE case has a chequered history as the parties are litigating from 1980 in respect of the property they were enjoying jointly till the dispute arose. It is seoond round oflitigation which culminated in the passing of award by the Arbitrators and made rule of the Court by the Court below. Now feeling satisfied with the conclusion of this litigation, the appellant, preferred the instant appeal.

(3.) THE matter was referred to the Arbitrators vide order dated on 16-11-2004 passed in CIA No. 8/2003 by a co-ordinate bench of this Court and was sent to the learned District Judge, Baramulla who was directed to refer the matter to the Arbitrators mentioned in the agreement after taking necessary steps as required by the Arbitration Act. Record of the case was sent to the District Judge for making reference to the Arbitrators.