RAMESHWAR LAL AND ORS Vs. SHANKER LAL

JUDGEMENT

(1.) The appellants-petitioners have filed the present appeal under Section 39 of the Arbitration Act, 1940, (hereinafter referred to as "the said Act") challenging the order dated 07.10.1999 passed by the Additional District Judge No.2, Ajmer (hereinafter referred to as "the court below") in Civil Case No.155/1983, whereby the court below has dismissed the objection petition filed by the appellants under Section 33 read with Section 30 of the said Act and made the award dated 05.05.1981 the Rule of the court.

(2.) Heard the learned counsel Ms. Sonal Singh for the appellants. Nobody appears for the respondent though duly served.

(3.) In the instant case, it appears that the appellants and the respondent were the brothers. The respondent had raised some dispute with regard to the property bearing No.398/9 alleging interalia that the appellants had illegally taken over the possession of the said property, though the respondent was the sole owner of the said property. It further appears that in order to resolve the said dispute, the Panchayat Samiti, Ajmer had appointed a Committee of 5 members, headed by one Shri Dilip Singh Ji Bhatia. The said committee contesting of 6 members were directed to submit the report to the Panchayat Samiti within 15 days of their appointment. It appears that thereafter the said Committee made the award on 05.05.1981. The appellants-petitioners being aggrieved by the said award filed the objection petition before the court below, which was registered as Civil Case No.155/1983, in which the court below passed the impugned order.