JUDGMENT :

A.S. Chandurkar, J.

Admit. Taken up for hearing with the consent of counsel for the parties.

2. This appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the said Act') takes exception to the judgment of the learned Principal District Judge, Nagpur in Miscellaneous Civil Application No. 25 of 2006 dated 10.11.2016. By that judgment the application filed under Section 34 of the said Act by the respondent nos. 1 to 5 herein has been allowed and the award dated 13.10.2005 passed by the sole Arbitrator has been set aside.

3. The facts giving rise to the present proceedings are that it is the case of the appellant-claimants that one Motiram was the owner of land admeasuring about 19.20 acres in Khasra Nos. 27/4 and 240/4. After his death his widow-Manjulabai, two sons Nagorao and Baban and three daughters-Chhayabai, Suman and Chandrakala succeeded to that property. The said legal heirs on 01.04.1999 executed an agreement with the claimant so as to sell the aforesaid land @ Rs.12,50,000/- per acre. After the payment of initial earnest amount of Rs.2,50,000/-, it is the case of the claimant that it has paid an amount of Rs.35,00,000/- in all to N