SYED SHAH MOHD, J.

( 1 ) THESE two appeals arise out of common facts and raise similar question of law. Therefore, they are heard together and are being disposed of by this common judgment. The parties will be referred to as they are arrayed in C. M. A. No. 164 of 1993

( 2 ) THE appellant and respondents 1 to 3 constituted a partnership firm in the name and style of "kuchipudi Enterprises" to run a cinema theatre called durga theatre . Disputes arose between the parties. In accordance with the arbitration clause in the partnership deed, the disputes were referred to an arbitrator, who passed the award on 9-12-1991. The arbitrator filed the award in the Court for passing a decree in terms of the award. The first respondent filed an Original Petition under Section 30 of the Arbitration Act, 1940 (hereinafter referred to as the Act ) to set aside the award; and the appellant filed an Original petition to make the award rule of the Court. While so, the first respondent filed o. S. No. 317 of 1991 on the file of the Subordinate Judge, Rajahmundry, praying for a decree dissolving the partnership firm (first defendant therein) and for a direction to defendants 2 to 4 therein to render ac

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