1. The respondent in AC.1/2007 (old No.3/1995) on the file of Civil Judge (Sr.Dn), Karkala, has come up in this revision impugning the judgment dated 29.8.2009 in allowing the petition filed by the respondent herein under Section 8 of the Arbitration Act, 1940 seeking to refer the dispute between the petitioner and respondent in running the partnership business of M/s. Padiwal Vegetarian Restaurant said to have commenced from 1.6.1986 under partnership deed dated 26.6.1986 for arbitration. This litigation having once got concluded by order of this Court dated 12.7.2011 was taken up in Special Leave to Apex Court in SLP (C) No.6758/2012 which was later admitted and converted in to Civil Appeal No.8230/2012 and subsequently, allowed and remanded for fresh consideration. Thereafter, this matter is taken up for arguments afresh.

2. In this proceedings the parties are referred to by their rank in the trial Court in AC.No.1/2007. Admittedly, the dispute between the parties to AC.1/2007 revolve around referring the dispute between them in running the business of partnership firm by name M/s. Padiwal Vegetarian Restaurant to arbitrator. The relationship between the parties is th