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2006 Supreme(Del) 843

S.N.AGGARWAL
AMIT MALIK – Appellant
Versus
KAMLESH MALIK – Respondent


S. N. AGGARWAL, J.

( 1 ) THESE are three appeals and have been filed against two orders dated 14. 12. 2005 and 13. 2. 2006 passed in two execution petitions No. 35 and 36/2004

( 2 ) THE facts necessary for the disposal of these appeals are as follows: shri Amit Malik and Shri Anurag Malik are two real brothers. Smt. Kamlesh Malik is their mother. The family owned following four properties:- (i) Property bearing No. A/20, Mahendru Enclave, New Delhi. (ii) Flat at Apna Villa. (iii) Godown at Sadar Bazar. (iv) Shop at Sadar Bazar-M/s Malik Light House.

( 3 ) THERE was a dispute between the parties regarding their share in the aforesaid properties. The said dispute was referred by them for arbitration to Shri B. M. Khurana who was an elder of their family. Shri B. M. Khurana, Sole arbitrator after hearing the parties gave his award on 3/6/2001. Material portion of the arbitral award reads as under:-"property BEARING No. A/20, MAHENDRU ENCLAVE, NEW DELHI. 11. Smt. Kamlesh Malik shall execute necessary documents of transfer in favour of shri Anurag Malik in respect of basement, first and second floor with roof except ground floor which shall remain in the possession of Smt. Kamlesh Malik.
















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