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1996 Supreme(AP) 99

C.V.N.SASTRY, S.PARVATHA RAO
Vurimi Veerabhadraiah – Appellant
Versus
Vurimi Seshamma alias Seshamamba – Respondent


S. PARVATHA RAO, J.

( 1 ) ONE Vurimi Veeraiah laid O. S. No. 70 of 1975 in the Court of the Subordinate judge, Cuddapah against his two brothers (defendants 1 and 2) and his two sisters (defendants 3 and 4) for partition of plaint schedule properties and for rendition of accounts etc. Subsequently, the suit was transferred to Subordinate judge s Court at Proddatur and was renumbered as O. S. No. 89 of 1978 and then again to Subordinate Judge s Court at Rajampet and was renumbered as o. S. No. 3 of 1984. The sisters i. e. , defendants 3 and 4 remained ex parte. The brothers i. e. , the plaintiff and defendants 1 and 2, filed a joint petition LA. No. 720 of 1979 for reference of the matter to three named arbitrators and the same was allowed and the matter was referred to them. One of the named arbitrators i. e. , V. Satyanarayana, filed a memo before the learned Subordinate judge on 25-12-1980 to the effect that the defendants were not co-operating with the arbitrators and that therefore he may be discharged as arbitrator. Thereafter, the remaining two named arbitrators filed an award on 20-7-1981 before the learned Subordinate Judge. Defendants 1 and 2 questioned the validity of the















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