C.V. Nagarjuna Reddy, J.

These two civil miscellaneous appeals are directed against order and decree dt.24.06.2013 in Arbitration O.P. No.631 of 2007 on the file for the Court of the District Judge, Vizianagaram.

For convenience, the parties are referred to as they are arrayed in C.M.A. No.1057 of 2013.

2. The facts to the extent they are relevant for the purpose of adjudication of these appeals are stated hereunder.

Dr. P.V.G. Raju had three children through his first wife Kusum. They are respondent Nos.1 to 3. Under registered document dt.19.10.1957 the coparcenary status of Dr. P.V.G. Rajus family was put an end to. On 12.11.1958 Dr. P.V.G. Raju constituted a public Trust, by name MANSAS. Certain immovable properties belonging to the erstwhile joint family were vested in the said Trust for educational and charitable purposes. On 18.06.1960 partition of certain agricultural lands by metes and bounds has taken place between Dr. P.V.G. Raju and respondent Nos.1 and 2 - his two sons. By settlement deed dt.18.6.1960 some agricultural lands were settled in favour of respondent No.3 daughter of Dr. P.V.G. Raju, through his first wife. Some other properties were also allotted to respondent No.3 under 1960 partition. It was agreed that the properties were to be registered in each sharers individual name. Separate possession was delivered to each of them. In the year 1963 Dr. P.V.G. Raju divorced his first wife Kusum and married the appellant. After P.V.G. Raju had three children, i.e., respondent Nos.4 to 6, through the appellant, as certain issues out of the previous partition arose, the same were referred to arbitration, under an agreement entered on 03.10.1970 between Dr. P.V.G. Raju, respondent Nos.1 to 3, the appellant and respondent Nos.4 to 6, to Raja of Bobbili. The reference of the dispute pertains to the properties covered by the previous partition, and settlement by way of a fair and equitable division of the properties among the parties. On 28.06.1971, Raja of Bobbili gave his award. All the properties specified in schedules A to H were allotted to all the eight members of the family. The award was duly registered and was also made the decree of the Court on 21.4.1972 in O.S. No.70 of 1971. Under this award, twenty nine items of jewellery were partitioned as per joint note singed by all the parties.

3. Respondent Nos.1 to 3 filed O.S. No.29 of 1974 in the Sub-Court, Vizianagaram, for division by metes and bounds of the properties mentioned in schedules I to VIII of the plaint, as per the shares specified therein. The suit was partly decreed and the properties specified in the award were ordered to be partitioned by metes and bounds. A preliminary decree was drawn up in respect of the specified items and the suit for the rest of the items was dismissed. Feeling partly aggrieved by the said judgment and decree, respondent Nos.1 to 3 filed A.S. No.283 of 1980 before this Court. By judgment dt.24.07.1992 this Court has dismissed the appeal while allowing the cross-objections in part, with respect to schedule-I properties. Respondent Nos.1 to 3 filed Civil Appeal No.5251 of 1993 before the Supreme Court. On 14.09.1995, Dr. P.V.G. Raju died. On 08.03.2000 all the parties jointly filed an application before the Supreme Court to refer the disputes for arbitration. A former Judge of the Supreme Court, Justice S. Ranganathan, was appointed as the Arbitrator by order dt.28.03.2000, of the Supreme Court. A claim petition was filed before the Arbitrator on 16.09.2000. On 26.05.2007 the Arbitrator made an interim award. Feeling aggrieved by the said award, the appellant filed Arbitration O.P. No.631 of 2007 in the Court of the District Judge, Vizianagaram. The said O.P. was dismissed by order dt.24.06.2013. Assailing this order, C.M.A. No.1057 of 2013 is filed. Respondent Nos.4 and 5 filed C.M.A. (SR) No.27224 of 2015 with a delay of 641 days against the said order.

4. Smt. Sundari R. Pisupati, learned counsel for the appellant, s