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1988 Supreme(SC) 285

S.RANGANATHAN, SABYASACHI MUKHARJEE
Vaidya Harishankar Lax Miram Rajyaguru Of Rajkot – Appellant
Versus
Pratapray Harishankar Rajyaguru Of Rajkot – Respondent


Advocates:
D.L.Kothari, P.C.KAPUR, R.C.BHATIA, S.K.DHOLAKIA

Judgment-

SABYASACHI MUKHARJEE, J

( 1 ) THIS is an application for leave to appeal under Article 136 of the Constitution of India from the judgment and order of the High court of Gujarat dated 23/02/1988. By the impugned judgment, the High court has dismissed the civil revision application which challenged the award made in this case.

( 2 ) THE petitioner is the father of the respondent. Both of them are established Vaidyas in Rajkot. They come from a well-to-do family. The petitioner is advanced in age and both the father and the son have been fighting between themselves since more than a decade. The High court found that the petitioner and the respondent had referred their disputes to one Kantibhai Vaidya (Shri Kantilal Dayaram Jani) who had intervened between them with the good intention to bring their disputes to an end. He made an award. The award was produced. It appears that the award was endorsed and signed by both the parties. In the award, it was stated by the arbitrator that he had called both the father and the son at his residence on 18/01/1977. He had discussed the matter with both of them and had warned them that both of them would ruin themselves in the property dispu









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