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2011 Supreme(SC) 62

MARKANDEY KATJU, GYAN SUDHA MISRA
B. S. Krishna Murthy – Appellant
Versus
B. S. Nagaraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :G.V. Chandrashekar, N.K. Verma (for Ms. Anjana Chandrashekar), Advs., for the Petitioner(s).
For the Respondents:P. Vishwanatha Shetty, Sr. Adv., Vijay Kumar Pardesi, Mahesh Kumar, G.N. Reddy, Advs., with him for the Respondents.

ORDER

Heard learned counsel for the appearing parties.

2. This is a dispute between brothers. In our opinion, an effort should be made to resolve the dispute between the parties by mediation.

3. In this connection, we would like to quote the following passages from Mahatma Gandhi’s book ‘My Experiments with Truth’:-

“I saw that the facts of Dada Abdulla’s case made it a very strong indeed, and that the law was bound to be on his side. But I also saw that the litigation, if it were persisted in, would ruin the plaintiff and the defendant, who were relatives and both belonged to the same city. No one knew how long the case might go on. Should it be allowed to continue to be fought out in court, it might go on indefinitely and to no advantage of either party. Both, therefore, desired an immediate termination of the case, if possible.

I approached Tyeb Sheth and requested and advised him to go to arbitration. I recommended him to see his counsel. I suggested to him that if an arbitrator commanding the confidence of both parties could be appointed, the case would be quickly finished. The lawyers’ fees were so rapidly mounting up that they were enough to devour all the resources of the cli






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