MUKTA GUPTA, J.

1. Petitioners are aggrieved by the order dated 20th October 2009 whereby their application under VII Rule 11 read with Section 151 CPC filed as respondents in Probate Case No. 218 of 2006 was dismissed.

2. After the death of Shri Mulakh Raj Khanna disputes and differences arose between his son J.N. Khanna, Prem Khanna and Pran Khanna and the original owner of property No. BB-15 measuring 509/58 sq. yds now known as Greater Kailash Enclave - II regarding a construction agreement entered between Roshan Lal Kapoor with Shri Mulakh Raj Khanna and M/s. Mulakh Raj Khanna (HUF) through its Karta Shri Mulakh Raj Khanna. A sole arbitrator was appointed wherein award was made by the arbitrator on 20th March, 1982 and 5th April, 1982. On 9th April, 1982 J.N. Khanna filed an application before the District Judge Delhi for making the award dated 20th March, 1982 rule of the Court. Prem Nath Khanna and Pran Nath Khanna were impleaded as respondents 2 and 3, however despite service no objections were filed and the award was held to be legal and valid and thus made the rule of the Court and a decree was passed thereon. The award and decree was passed in the following terms: