NAVEEN P MALVAY Vs. SAMSKRUTHI SHELTERS

JUDGEMENT

(1.) The appellants are the landlords and the respondent is the builder. A Development Agreement is entered into by the appellants and respondent on the land belonging to the appellants to construct villas and also to create infrastructure for the purpose of villas project. Differences arose between them leading to availing the arbitration clause and reference of dispute to the Arbitrator. Before the Arbitrator, the parties have come to an understanding and entered into a settlement to resolve the inter se disputes. Recording the same the Arbitrator passed Award on 16/6/2015. However, for the misfortune of both contesting parties, the issues are not resolved. The appellants herein filed application under Sec. 9 of the Arbitration and Conciliation Act, 1996 in the Court of XVI Additional District and Sessions Judge-cum-XVI Additional Metropolitan Sessions Judge, Ranga Reddy District at Malkajgiri, praying to grant an order of restraint from interfering with the peaceful possession and enjoyment of the petitioners by the respondent. On detailed consideration of the matter, the trial Court passed an order of status-quo in respect of possession over the petition schedule mentioned property existing as on the date of filing of petition for a period of 90 days from the date of the order or till the filing of petition for enforcement of Ex.P.1 Award whichever is earlier.

(2.) The appellants herein filed E.P.No.615 of 2017 seeking enforcement of the Award, pending in the Court of VII Additional District and Sessions Judge, Ranga Reddy. The respondent filed E.P.No.819 of 2018 on 10/8/2018 in the Court of IV Additional District Judge, Ranga Reddy seeking enforcement of the very same Award. The Court is informed that both the E.Ps, are pending consideration of the respective Courts.

(3.) That being so, this appeal is filed challenging the status-quo order passed by the court below in A.O.P.No.262 of 2017. As there is delay of 435 days in preferring this appeal, the appellants filed I.A.No.1 of 2018 praying to condone the delay.