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1998 Supreme(AP) 960

N.Y.HANUMANTHAPPA, NEELAM SANJIVA REDDY
A. RAMASWAMY – Appellant
Versus
K. RAMA MURTHY – Respondent


Advocates Appeared:
Sh. K. Prabhakar, Advocate, for the Appellants.
Sh. Narayana Rao Mandolkar, Advocate, for the Respondent No.1. Sh. Anantha Reddy, Advocate, for the Respondents 2, 4, 8 and 9. Sh. A. Gopal Reddy, Advocate, for the Respondents 3, 5 & 6.

JUDGMENT

N.Y. Hanumanthappa, J. - This appeal is directed against the order and decree dated 31-7-1992 passed in I.A. No. 1271/91 in O.S. No. 471/90 on the file of the IV Addl. Judge, City Civil Court, Hyderabad, rejecting the application filed by the appellants herein under Section 34 of the Arbitration Act, 1940.

2. The reference of the parties in this appeal has been mentioned as arrayed before the Trial Court.

3. Originally this appeal was filed by the appellants 1 to 5 (defendants 1 to 5) against respondents 1 to 2 (plaintiffs 1 and 2). During the pendency of this appeal 1st appellant-1st defendant and 1st respondent-1st plaintiff died. Hence, appellants 6 to 11 were brought on record as legal representatives of the 1st appellant-1st defendant and respondents 3 to 10 were brought on record as legal representatives of the 1st respondent-1st plaintiff.

4. Defendants 1 to 5 filed I.A. No. 1271/91 in O.S. No. 471/90 under Section 34 of the Arbitration Act to stay the proceedings pending before the IV Addl. Judge, City Civil Court, Hyderabad on the ground that the dispute is covered by the arbitration agreement. In this matter an Arbitrator has been appointed who entered upon the r
















































































































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